Santa Clara California Motion for Continuance — Personal Injury is a legal document filed in the Santa Clara County Superior Court in the state of California. This motion is typically used in personal injury cases when the plaintiff or defendant requests a postponement of the trial date due to valid reasons that prevent them from adequately preparing for the proceedings. In personal injury cases, there can be different types of motions for continuance filed in Santa Clara, California. Some common examples include: 1. Medical Continuance: This type of motion for continuance is filed when either party needs additional time to seek medical treatment or when there are delays in obtaining medical records and reports necessary for the case. The party may request a continuance to allow for necessary medical treatment or to gather crucial evidence that could impact the outcome of the case. 2. Settlement Negotiation Continuance: When parties are engaged in settlement negotiations and believe that more time is needed to reach a resolution, they may file a motion for continuance. This allows both parties to explore the possibility of resolving the case without going to trial. The court may grant a continuance to provide an opportunity for successful negotiation and settlement. 3. Expert Witness Continuance: In personal injury cases, expert witnesses often play a crucial role in providing specialized knowledge and opinions to support the case. A motion for continuance can be filed if there are delays in securing expert witnesses or if a party needs additional time to prepare for the expert witness testimony. This type of motion allows both parties to adequately present their case with the necessary expert testimony. 4. Conflict Continuance: If there are conflicts in scheduling among the parties, their attorneys, or the court, a motion for continuance can be filed to request a different trial date. Conflicts can arise due to a variety of reasons, such as scheduling conflicts with other court cases, attorneys' availability, or personal reasons that hinder participation in the trial. The court may grant a continuance to ensure all parties can fully participate in the proceedings. It's important to note that filing a motion for continuance is not guaranteed approval. The court will consider the reasons provided and weigh them against the interests of justice, fairness, and judicial efficiency. Ultimately, the decision lies with the judge presiding over the case. In Santa Clara, California, motions for continuance in personal injury cases play a vital role in ensuring that both parties have sufficient time and resources to present their case effectively. By allowing for a postponement of the trial date, these motions address various important issues, such as medical treatment, settlement negotiations, expert witness preparation, and scheduling conflicts.
Santa Clara California Motion for Continuance - Personal Injury
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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.
A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.
You must file a motion for reconsideration within 10 days of being served with the written notice of entry of the order you want the court to reconsider. The motion must also include an affidavit with information about the original order and the new facts, circumstances, or law. The requirements are very specific.
Take your completed Form SC-150 or letter to the clerk's office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.
Within the period for taking an appeal, the aggrieved party may move for reconsideration upon the grounds that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law.
Filing deadlines: Motion: sixteen court days before the hearing date. Opposition: nine court days before the hearing date. Optional Reply: five court days before the hearing date.
For most requests for continuances, you must provide the judge with a suitable reason (good cause) for postponing your court date. Good cause means a very good reason for not being able to get ready for your case or go to your hearing on the schedule date.
Significant, Unanticipated Change in Case Status Constitutes Good Cause for Continuance. The circumstances that may indicate good cause for a continuance include a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial ( Cal.
Lawyers and judges often used the shorthand phrase Code of Civil Procedure section 1008 motion to refer to a motion for reconsideration that, among other things, must be brought within a tight timeframe ten days from notice of entry of the order.