How do you object to a continuance?
How do you object to a continuance?
The objection to a motion for continuance should state the pertinent facts of the case related to the continuance request and list the reasons why the request should not be granted.
Can I fight a continuance?
An objection to a motion for continuance should be filed in accordance with the local rules of court. Generally, it should contain the reasons for the objection and be filed with the court clerk within the time period required.
When to ask for a continuance in Family Court?
Requesting a Continuance of a Family Court Hearing. As usual, family court rules are different in all states and sometimes even within states – rules may be different from court-to-court. However, there may be times where circumstance require that you ask the court for a continuance of your child custody hearing.
Can a continuance be granted in a child support case?
The family courts are packed with cases involving child custody and child support matters and deviation from the court docket is difficult to expect. Still others are so flexible that at least one continuance will often be granted simply by making a request of the clerk of courts.
When does a court grant a motion for continuance?
It’s usually only when the defendant’s rights might otherwise be violated that a court will grant a continuance request. Absent a law or constitutional right to the contrary, judges have broad discretion to determine whether to issue a continuance.
Can a court grant a continuance for a vacation?
Yes, believe it or not, the court may grant the continuance if you’ve previously planned and paid for a vacation with your family. Depending upon the procedures of your court, there may exist a specific form to request a continuance that may be found at your local law library,…
What happens if you ask for a court date continuance?
You may have your license suspended, be charged with contempt of court, or even find that an arrest warrant has been sworn out for you. If you can’t make a court date, you have to request a continuance. If the court grants your request, your court date will be rescheduled .
What to do if other party agrees to continuance?
If the other party or lawyer agrees to a continuance, ask them to put something in writing (letter, fax, or email) confirming this. It should also say the new hearing date, if possible. The other party or lawyer must tell the court they want the hearing continued.
It’s usually only when the defendant’s rights might otherwise be violated that a court will grant a continuance request. Absent a law or constitutional right to the contrary, judges have broad discretion to determine whether to issue a continuance.
What to do if your request for a continuance is denied?
If your request for a continuance is denied, write down the reasons the judge gives for denying the request. If you think you had a good reason for asking for the continuance and your request was denied, contact an attorney immediately. You have a short time to appeal the decision.