What is a continuance in a divorce?
What is a continuance in a divorce?
A common question parties in a family law matter ask is, \u201cHow long will this process take?\u201d What often drags out the process is a Motion for Continuance. A common remedy to this situation is to file a Motion to Continue the hearing, which requests that the court reschedule the hearing for a new date and time.
Can you request a continuance without a lawyer?
A common claim for a continuance is the need of time to get a lawyer. If the case has been in litigation for some time or if a continuance has been granted before, the court may deny the request. If you have an appointment scheduled with an attorney, give the court the name of the attorney.
Why do lawyers ask for a continuance?
Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.
Why do lawyers push back court dates?
Attorneys often request continuances because their work on other cases has prevented them from devoting the necessary time to the case at hand. Courts usually allow some leeway in these situations, especially for court-appointed defense attorneys. Time for the defense.
How many continuances are allowed in a criminal court case?
There is no limit on the number a times a case can be continued. There is an urban legend that each side gets three continuances, but that is just not the case.
Why do trial dates get pushed back?
Scheduling conflicts. If an attorney involved in the case has a scheduling conflict with another case, a judge may agree to delay a trial in order to accommodate the attorney. In some instances, a judge may even agree to delay a trial for more personal reasons, such as the birth of a lawyer’s grandchild. Emergencies.
What is a good reason to reschedule court date?
The rule of reason applies to postponing a court date. If the justification is reasonable, related to trial preparation, your health or that of a family member, or a matter of some importance scheduled before the court date was set, the judge will likely have no problem with a request for postponement.
Can I reschedule my court date online?
You can try rescheduling the court date by contacting the clerk’s office well ahead of the date and explaining why you need the date to be changed. In some states, where traffic violations are heard in special tribunals or a bureau, you may be able to change the date online; check the website for the relevant body.
