Bend Oregon Plaintiff's Motion and Order to Continue Trial

State:
Oregon
City:
Bend
Control #:
OR-HJ-005-06
Format:
PDF
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Description

A07 Plaintiff's Motion and Order to Continue Trial

Bend Oregon Plaintiff's Motion and Order to Continue Trial: A Detailed Description In legal proceedings, the Bend Oregon Plaintiff's Motion and Order to Continue Trial is a formal request made by the plaintiff's party to delay or postpone a scheduled trial. This motion is submitted to the court, urging them to grant additional time before the trial proceeds. The primary purpose of filing a Bend Oregon Plaintiff's Motion and Order to Continue Trial is to accommodate various circumstances that may hinder the case from being heard on the originally scheduled trial date. Such circumstances can arise due to unexpected events, complex evidence collection, the unavailability of key witnesses, or the need for additional preparation time. Different types of Bend Oregon Plaintiff's Motion and Order to Continue Trial may arise based on specific reasons, including: 1. Medical Emergencies: If either the plaintiff or their legal representative is facing a sudden medical emergency, suffering from serious illness, or undergoing necessary medical treatment that could significantly impede their ability to adequately prepare for or participate in the trial, a motion may be filed requesting a continuance. 2. Unforeseen Events: In situations where unforeseen events occur, such as natural disasters, accidents, or other emergencies beyond the control of the plaintiff's party that directly affect their ability to proceed with the trial as scheduled, a motion for continuance may be critical. 3. Insufficient Time for Discovery: In complex cases where the plaintiff's party requires more time to gather evidence, interview witnesses, or conduct thorough research, a motion for continuance can be filed to ensure fairness and due diligence in presenting the case. 4. Unavailability of Important Witnesses: If key witnesses are unavailable or unable to testify on the initial trial date due to legitimate reasons such as prior engagements, scheduling conflicts, or personal emergencies, a motion for continuance may be necessary to ensure their participation in court. 5. Legal Strategies and Preparation: Sometimes, unforeseen complexities in legal arguments or significant case-related developments might arise, necessitating additional time for the plaintiff's attorneys to adequately prepare their arguments and adjust their legal strategies accordingly. In such instances, a motion to continue the trial may be filed for fair presentation of the case. In all cases, the Bend Oregon Plaintiff's Motion and Order to Continue Trial should contain a detailed explanation outlining the reasons for the requested delay and include supporting evidence, such as medical records, witness statements, or documentation of unforeseen events. Ultimately, it is the judge's discretion to grant or deny the Bend Oregon Plaintiff's Motion and Order to Continue Trial, considering the relevant factors and ensuring a fair and efficient judicial process while balancing the interests of both the plaintiff and the defendant.

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FAQ

Not more than 30 days after motion is filed and served; the court shall issue a decision within 10 days after the hearing. If no decision is issued within 10 days, the motion shall be considered denied.

No motion may be presented in open Court, other than a motion for admission to the Bar, except when the proceeding to which it refers is being argued. Oral argument on a motion will not be permitted unless the Court so directs.

Contents of Request for Continuance When writing a request for a continuance, include your name, the case name and number, what you are requesting and why. State the date of the currently scheduled court hearing and clearly request a new date. Give the reasons for your request.

Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.

If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You ?serve? (mail) your motion to the other side.

By Practical Law Litigation. A sample motion for counsel to use if the court requires a written motion when seeking to continue or adjourn a hearing, trial, conference, or other proceeding in civil litigation.

A ?motion for a continuance? is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (?good cause?) for postponing your court date.

Motion to dismiss for reason that pleading shows action has not been commenced within time limited by statute is limited to what appears on face of pleading and, in considering motions to dismiss, court looks not to superceded original complaint but only facts alleged in amended complaint.

Under the Revised Rules, only the following grounds may be raised as grounds for a Motion to Dismiss: (a) lack of jurisdiction over the subject matter; (b) pendency of action between the same parties for the same cause; and (c) cause of action is barred by prior judgment or by the statute of limitations.

Continuances allow extra time to prepare for a hearing or trial, find a witness, or hire an attorney. Learn what a defendant must show to get a court date pushed back. Judges may grant continuances in criminal cases, but only when a party shows good cause for needing the delay.

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Pleading and Motions under Trial Rules 12 and 56. LMPR 1.If you are filing the claim, you are the plaintiff and the party you are suing is the defendant. As the plaintiff, you have the burden of proving your case. A "motion" is a request made in a case asking the court to issue an order of some sort. Most motions are in writing. 6 Judicial oaths require judges to put their feelings. Appendix 7-3: Form Order on Motions to Compel Compulsory.

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Bend Oregon Plaintiff's Motion and Order to Continue Trial