What are some of the possible grounds for a motion for a continuance?
What are some of the possible grounds for a motion 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.
How do I write a letter requesting a continuance?
Dear [Other Party] or [Their Attorney]: As I explained today, I need a continuance of the hearing on [DATE]. I am asking for a continuance because [GIVE REASON]. Please let me know by [DATE] if you will agree to a continuance.
How many times can you ask for a continuance?
A continuance can be asked for as many times as someone might wish. Whether the judge grants is going to be based on the type of case, the rationale for the request, and the particular judge’s general stance on continuances.
How long can a trial be continued?
Under Rule 600 the prosecution has to bring the defendant to trial within one year of the charges being filed. However, the clock stops whenever there is a delay caused by the defendant or by the court calendar. So whenever the defendant files a motion or requests a continuance the clock stops.
How many times can a trial be postponed?
There is no statutory limit on the number of times a particular case can be rescheduled.
What will the government provide for a defendant even if they Cannot afford one?
Overview. The right to counsel refers to the right of a criminal defendant to have a lawyer assist in his defense, even if he cannot afford to pay for an attorney. The Sixth Amendment gives defendants the right to counsel in federal prosecutions.
What to do if you can’t afford a lawyer?
Here’s how to find legal help if you can’t afford a lawyer:
- Contact the city courthouse.
- Seek free lawyer consultations.
- Look to legal aid societies.
- Visit a law school.
- Contact your county or state bar association.
- Go to small claims court.
How long does it take for legal aid to be approved?
The Agency will tell you and your solicitor if you are eligible for legal aid, this can take up to 4 weeks, sometimes longer. If you need legal aid urgently, your solicitor can make an emergency written application, this usually takes 2-3 days, but can take longer.
Is there a cap on legal aid?
The capital test is of the amount of savings, property, shares or other monies that you or your partner own. This limit is set at £8,000 for all civil legal services except any relating to an immigration matter set out in regulation 8(3), which is capped at £3,000.
Can you get legal aid for a civil matter?
Civil cases include things like debt, family or housing problems. To get legal aid, you usually need to show you cannot afford to pay for legal costs and your problem is serious. You’ll usually have to give details and evidence of your income, benefits, savings and property, and those of your partner.
Can I call a lawyer and ask a question for free?
24-Hour Free Legal Help Hotline. If you have a pressing legal issue, call 1-800-ATTORNEY today to discuss the facts of your case with a lawyer (calls accepted 24/7).
Who is entitled to criminal legal aid?
If you are in receipt of Income Support, Income-based Jobseekers Allowance, Income-based Employment & Support Allowance, Guaranteed State Pension Credit, Universal Credit, or if you are under 18, you will automatically be entitled to Legal Aid.
Does legal aid have to be repaid?
If you qualify, the legal aid will be paid directly to them. You’ll need to pay some legal aid back if you keep or gain any money or property at the end of your court case.
Who pays court costs in property settlement?
The general principle in family law matters is that each party is required to pay their own legal costs regardless of whether they “win” or “lose”. Courts do, however, have the power to make an order for one party to pay the other party’s legal costs if they deem it appropriate.
What happens if spouse doesn’t respond to divorce petition?
When one spouse in California files a petition for divorce, the other spouse must be formally served with papers. When a spouse doesn’t respond to a divorce petition, the person who failed to file the answer to the court will lose his or her rights to make arguments about property division, support, and child custody.
What happens if a spouse won’t sign a separation agreement?
A separation agreement may be set aside and determined to be unenforceable if a party can show that the agreement was not signed voluntarily, that its terms are unconscionable, or that it was obtained as the result of fraud, duress, or undue influence.
Do I have to support my wife during separation?
If you’re in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.
Can you force a separation agreement?
You can’t force someone to sign a separation agreement.
What if wife denies to give divorce?
If she is not ready for a mutual consent divorce and its even not possible for you to continue anymore, then you can file a petition for Divorce in the Court and you will have to contest the same in the Court. There are two ways of getting a divorce in the Hindu Marriage Act.
What cases can husband file against wife?
1.No- There is no such provision , where husband can file a case against his wife simply for assaulting. But you can move a complaint against her ,if harassment from her continued. Whereas as , i indicate above mother in law can file under D.V. Act.
Can court Force husband to live with wife?
Under no law the court can compel or force a husband to take back his wife. No court can force co- habitation between a couple. If in the mediation proceedings it is even suggested to the husband to take back his wife he can refuse.
