How to file a request for a continuance?

Procedures for requests for continuance vary among states, courts and even judges. For instructions regarding continuances, review the court notice you received ordering you to be in court on a certain date. Call the court clerk to ask about the procedures.

Can a court order a continuance in a criminal case?

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.

Can a judge deny a request for a continuance?

The court will ultimately decide whether or not your request will be granted based on the reason you have provided. Scheduling conflicts can be a valid reason to issue a continuance. However, the judge must agree that you are not able to reschedule the event that conflicts with your court date.

How does a motion for a continuance work?

So it is important to not fully rely on the continuance, and be prepared to make it to trial as planned. A continuance is obtained by filing a motion for a continuance with the court. This is a formal, written request that is asking the court to delay or suspend the trial, and it states the reason for the request.

Why does a judge ask for a continuance?

Judges are often asked to continue a hearing or a trial for these reasons: At arraignment, to secure counsel. An arrestee’s first court appearance is often the arraignment, when the judge reads the charges and asks for a plea. Defendants who have not secured counsel may ask for a postponement, to give them time to hire a lawyer.

What is “good cause” for requesting continuance?

The incapacity of the defendant, counsel, or the court. The defendant’s or counsel’s illness is good cause for a continuance, though the court may demand proof (including medical testimony). Note that this reason does not usually extend to prosecutors (see below); they are expected to find a replacement from their office.

What are good reasons to ask for a continuance?

Examples of good reasons for continuance include key witnesses being out of town or unable to attend, serious, one-time events such as exams, graduations, weddings, funerals or other goings-on or simply because you need more time to prepare. As long as you are deemed to have “good cause,” continuance will most likely be granted.

How do you get a continuance on a court hearing?

Steps to Requesting a Continuance Have a Good Reason The first thing you will need to request a continuance is a valid reason. Serve the Request In addition to submitting your request to the court, you must also deliver a copy of your request (by mail or courier) to the Plaintiff or File a Proof of Service