What are good reasons for a continuance?

What are good reasons for a continuance?

Continuances

• Continuances Based on Inadequate Time. 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.
• Continuances Based on Changing the Indictment or Attorney.
• Continuances Based on Surprises.

What does motion for continuance mean in divorce?

A motion for continuance is simply a request to have the hearing moved to a later date. These are filed for a number of reasons, including a scheduling conflict, previous plans, or just needing more time to prepare.

How do you object to a continuance?

You can file a written response to the Motion to Continue, calling it something like an “Objection” or “Opposition.” This MAY prevent the Court from entering a continuance without a hearing…

Is a continuance a good thing?

A continuance in a criminal trial is a formal delay of the trial that can be requested by either side, before or during the trial. Requesting a continuance and receiving one are two very different things; it is important to have a good reason behind the request because it is a good reason the judge will expect.

What is a good reason to postpone a 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.

How many times can a judge continue a 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. The real question is whether the prosecution has met their obligations under Rule 600, which is Pennsylvania’s speedy trial rule.

How long can you fight a case?

Typically, the statute of limitations is three years for a felony. This time can be longer for sex, fraud, and murder cases. Usually, the statute of limitations for a misdemeanor is one year. For murder, there is no time limit.

What does it mean when your court date keep getting pushed back?

It could mean that they are still collecting evidence to build a case. It could mean that the prosecutor on the case has some other big cases or a vacation scheduled and so needs to push your case back. It could mean that a judge who for some reason wants to handle this case has a scheduling conflict.

Can you push back your court date?

If you want to change your court date, you must ask for a postponement (also called a “continuance”). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.

Why does my case keep getting continued?

There are many reasons cases are continued. Mostly it is because one side or the other needs more time to prepare for trial. Additional time allows for negotiations, finding witnesses, and preparing exhibits.

How do I stop a continuance in court?

If you strongly object to the continuance and have unique reasons for objecting (i.e., the school example above or you allege a continuance would endanger your children for a specific reason), you can file a written Objection to the Motion to Continue, and file it with the court.

What happens at a continuance hearing?

In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte.

How long can divorce be dragged out for?

After the judge signs your order, you must wait a total of 90 days from the date you filed the petition or from the date you served the petition before a judge is able to sign your divorce papers. And even then, your divorce may drag beyond the 90 days.

Why would someone drag out a divorce?

To defend against shame. To defend against that shame, they drag out the divorce by blaming you for it. To get revenge. The narcissist does not want you to move on with your life, even if they have.