Sample Letter for Court Continuance: A Guide to Getting Your Case Rescheduled
Facing a court date and needing more time? A well-written letter requesting a continuance can significantly improve your chances of a successful postponement. This comprehensive guide provides sample letters for court continuance, covering various scenarios and offering tips for crafting a persuasive request. We'll walk you through the essential elements, ensuring your letter is clear, concise, and effective. Let's get started!
Understanding Court Continuance:
A court continuance is a formal request to postpone a scheduled court hearing or trial. Judges grant continuances for various reasons, including but not limited to:
Witness unavailability: Key witnesses may be unavailable due to illness, travel conflicts, or other unforeseen circumstances.
Discovery issues: If critical evidence or information hasn't been collected or exchanged, a continuance might be necessary.
Attorney conflict: Situations like attorney illness or a scheduling conflict might necessitate rescheduling.
Inadequate preparation: Sometimes, more time is needed to adequately prepare a defense or prosecution.
Sample Letter for Court Continuance: Scenario 1 – Witness Unavailability
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
[Date]
The Honorable [Judge's Name]
[Court Name]
[Court Address]
Subject: Motion for Continuance – Case Number [Case Number]
Dear Judge [Judge's Name],
This letter respectfully requests a continuance of the hearing scheduled for [Date of Hearing] in case number [Case Number], [Case Name]. This request is due to the unavailability of a key witness, [Witness Name], who is currently [Reason for unavailability, be specific, e.g., hospitalized, out of the country on a pre-planned trip with documented proof]. [Witness Name]'s testimony is crucial to the defense/prosecution of this case.
We have attached documentation to support this claim [mention attached documents like medical records, flight itinerary etc.]. We believe a continuance until [Proposed New Date] would allow sufficient time for [Witness Name] to participate. We are prepared to proceed on this new date.
Thank you for your consideration of this matter.
Sincerely,
[Your Name]
[Your Signature]
Sample Letter for Court Continuance: Scenario 2 – Attorney Conflict
This letter follows a similar format as above but replaces the witness unavailability section with:
"This request is due to an unforeseen scheduling conflict involving my attorney, [Attorney's Name]. [Briefly and professionally explain the conflict, avoiding unnecessary details]. Postponing the hearing to [Proposed New Date] would allow adequate time to prepare for the hearing without compromising the fairness of the proceedings."
Sample Letter for Court Continuance: Scenario 3 – Discovery Issues
This letter would explain the lack of essential evidence or information needed to proceed fairly. For example:
"This request is due to outstanding discovery issues. Despite diligent efforts, we have not yet received [Specify missing information or evidence]. This information is critical to the defense/prosecution of this case, and a continuance until [Proposed New Date] would ensure a fair and just outcome."
Essential Elements of a Strong Continuance Letter:
Professional Tone: Maintain a respectful and formal tone throughout the letter.
Clear and Concise Language: Avoid jargon and ambiguity. Get straight to the point.
Specific Reasoning: Clearly state the reason for the continuance and provide supporting evidence.
Proposed New Date: Suggest a specific date for the rescheduled hearing.
Case Number: Always include the case number for easy identification.
Supporting Documentation: Attach any relevant documentation, such as medical records or travel itineraries.
Tips for Increasing Your Chances of Success:
Submit the letter well in advance of the hearing date. Allow ample time for the court to review your request.
Be prepared to provide alternative dates if your proposed date is unavailable.
Be polite and respectful in your communication with the court.
Consult with your attorney. They can provide guidance and ensure your request is legally sound.
Conclusion:
Obtaining a court continuance requires a well-crafted and persuasive request. By following the guidelines and sample letters provided, you can significantly increase your chances of having your court date postponed. Remember, always consult with your attorney for legal advice specific to your situation.
FAQs:
1. Can I submit a continuance request electronically? Many courts accept electronic filings. Check with your specific court for their procedures.
2. What if my request is denied? Be prepared to proceed with the scheduled hearing or appeal the denial, consulting your attorney.
3. How long should my continuance letter be? Keep it concise and focused, aiming for one page unless significant supporting documentation is necessary.
4. What if I forget to include my case number? Your request might be delayed or even rejected. Double-check all information for accuracy before submission.
5. Can I request a continuance multiple times? While possible, repeated requests are less likely to be granted. Justify each request thoroughly.
Sample Letter For Court Continuance Full PDF
Obtaining a court continuance requires a well-crafted and persuasive request. By following the guidelines and sample letters provided, you can significantly increase your chances of having your court date postponed.
Letter Requesting Continuance - WashingtonLawHelp.org
Letter Requesting Continuance p. 1 of 1 WashingtonLawHelp.org Re: Request to reschedule (continue) court hearing To: , As I explained today, I need a continuance of the hearing on …
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA FAMILY …
1. I respectfully ask this Court to continue the hearing scheduled for _____ DATE OF HEARING. 2. I would like this Court to continue the hearing because: [EXPLAIN REASON.] 3. [YOU …
Reschedule (continue) your court hearing
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this Court to continue the trial of this cause and in support thereof states the following: Mr. ________ was indicted by the _____ County grand jury on __________for the offense(s) of …
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REQUEST FOR CONTINUANCE. 1. Comes now__________________________________, the (Plaintiff)/(Defendant) in the above-styled action and requests that this court reschedule the …
These Forms May Be Used To Request : A Continuance Of A …
Describe the reason or reasons you’re making the Motion for continuance using relevant facts. The judge or judicial referee reviewing the Motion decides if you’ve shown good cause to grant …
motion for continuance with instructions - Tuscarawas …
If you want to ask the Court to reschedule a hearing, you must file a Motion for Continuance. The Court may reschedule a hearing upon the request of a party if the Court finds that a …
Request for Continuance Packet - Minnesota Judicial Branch
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Instructions for a Motion to Continue - Cuyahoga County
This form may be used by someone that is seeking a continuance of a scheduled Court hearing, trial or pretrial. 1. Fill in the blanks in the caption with the case information. The case …
REQUEST FOR CONTINUANCE - Philadelphia
Reason for Request for Continuance (Attach all necessary documentation) I verify that the statements made herein are true and correct, and that false statements herein are made …
REQUEST FOR CONTINUANCE - Minnesota Judicial Branch
If this continuance is being requested due to attorney’s scheduling conflict, provide conflicting case file number and date of Notice of Hearing for conflicting case. Case Number: _____ Date …
UNLAWFUL DETAINER MOTION TO CONTINUE THE TRIAL …
UNLAWFUL DETAINER MOTION TO CONTINUE THE TRIAL DATE. March 2019. This guide is designed to help you fill out the forms yourself. It is not intended to provide legal advice nor …
CH-115 Request to Continue Court Hearing - California Courts
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Sample Letter For Court Continuance Copy - netstumbler.com
Sample Letter For Court Continuance: Model Rules of Professional Conduct American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar …
Sample Letter For Court Continuance (book) - netstumbler.com
Sample Letter For Court Continuance: Model Rules of Professional Conduct American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar …
Sample Letter For Court Continuance (book) - netsec.csuci.edu
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first court date without court approval, and further; DWI cases shall not be continued in violation of N.C.G.S. 20-28. 1.2 Court Conflicts The various levels of court should work together to try to move cases as expeditiously as possible. Age of case, subject matter, and priority of setting should be given as much primacy as
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The defendant (or the State) further moves the Court [ ] for a continuance [ ] for an order prohibiting the State or the defendant)from introducing at the trial of this cause any material not disclosed pursuant to the demand attached herewith, specifically: _____ _____
CRIMINAL CONTINUANCE ORDER - Norfolk Circuit Court
CRIMINAL CONTINUANCE ORDER _____ Date Case Originally Set for Trial . VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF NORFOLK . on the ____ day of _____, 20____ ... has not been previously continued on the docket for this Court. The good cause is _ _____ The Defendant requests trial by jury . by the court without a jury. Counsel estimate that the ...
PHILADELPHIA TRAFFIC COURT CONTINUANCE POLICY
traffic court, 800 spring garden street, post office box 56301, philadelphia, pennsylvania 19130-6301 at least ... note, letter from employer, etc.) 4. a continuance may be requested through the bar of the court prior to the date of trial. 5. no more than two (2) continuances shall be granted per
CAUSE NO. THE STATE OF TEXAS § IN THE COUNTY COURT …
MOTION OF CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES the Defendant, _____, by and through (his/her) attorney of record in the above-styled and numbered cause ... Court that this Motion for Continuance is not made for purposes of delay but only that justice may be done. Respectfully submitted, _____ Attorney for Defendant ...
In The State Court of Chatham County, Georgia - .NET …
PART 3: ORDER OF THE COURT This Motion for continuance is hereby DENIED. For good cause shown, the above stated request for CONTINUANCE is hereby GRANTED and will be placed on this Court’s next available docket at a date …
(circle one) - Pike County, Pennsylvania
Wherefore, I request the court to grant this motion for continuance and reschedule the matter. I verify that the statements made in the Motion for Continuance are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904
A Guide to Filing Pro Se with the Supreme Court of …
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
petition. The notice of the court’s ruling must be made within one calendar day of receipt of the court’s ruling. A Proof of Service for such notice then must be filed with the court within two court days of service. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:
Continuance Instructions (7-1-18) - Dauphin County
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APPELLANT‟S INITIAL BRIEF - Florida Courts
Florida Law: A trial court has discretionary authority to grant or deny a motion for continuance of trial based on the totality of the circumstances. The factors that Florida courts consider when deciding whether a particular trial court has abused that discretion in denying a request for continuance include whether the
IN THE MAGISTRATE COURT OF CHATHAM COUNTY STATE …
IN THE MAGISTRATE COURT OF CHATHAM COUNTY . STATE OF GEORGIA ) ) ) ) Plaintiff(s), ) ) vs ) Civil Action No.: ) ) ) ) ) Defendant(s). ) REQUEST FOR CONTINUANCE . I being the Plaintiff/Defendant in the abovestyled civil action do respectfully - request of the Court that the hearing date set for the day of , 20 be continued to the day of , 20 for ...
Agreed Motion for Continuance - TexasLawHelp.org
(Write why you need a continuance.) _____ _____ _____ _____ 5. The other party or parties in this case have agreed to this continuance as evidenced by the signature(s) below. 6. This continuance is not sought solely for delay but that justice may be done. 7. I ask the Court to grant my Motion for Continuance. Respectfully submitted, Your ...
Motion for Continuance by Self-Represented Litigant - Texas
State Office of Administrative Hearings P.O. Box 13025, Austin, Texas 78711-3025 Phone 512.475.4993. ALR 001 | 18-01 Page | 1 . Motion for Continuance by Self-Represented Litigant
STATE OF NORTH CAROLINA IN GENERAL COURT OF …
All requests for continuance shall be by written motion which may be in the form of a letter. However, oral motions may be allowed when the reason for the continuance did not become known until immediately preceding the start of court. Orders of continuance should be on the form in use in the district.
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, …
3. By signing this document I understand that requesting or consenting to a continuance constitutes a waiver of the right to the hearing being scheduled within the timeframe required by statute or rule. Revised Date: 8/15/2018 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA _____, Plaintiff . vs.
Kansas Judicial Council | Kansas Judicial Council
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In the Common Pleas Court of Montgomery County, Ohio
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IN THE CIRCUIT COURT OF BOONE COUNTY, MISSOURI
MOTION FOR CONTINUANCE ; Comes now , by and through his/her attorney of record, and moves for a ... In support of this motion, movant states: 1. 2. WHEREFORE, movant requests this court grant a continuance of this case to , 20 . at or to a date certain assigned by the court. Respectfully submitted by, , Attorney for Defendant ; a B . o N r ...
IN AND FOR OSCEOLA COUNTY, FLORIDA STATE OF …
3. A continuance is needed because . 4. Concluding pretrial preparation will most likely require _____ months. 5. The work remaining to be done is: . 6. If this motion is filed by the defense, the Defendant has been informed that the granting of this motion will result in the waiver of speedy trial rights if they have not
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for Continuance (postponement of trial), which the Judge will grant only in exceptional circumstances. See Rule 133, Tax Court Rules of Practice and Procedure (available at www.ustaxcourt.gov ... Court, and if the Court determines that this is due to lack of cooperation by either party, the Court may order sanctions against the uncooperative party.
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All requests for a continuance must be in writing to John J. Joyce, Deputy Court Administrator, 1339 Chestnut Street, Room 1020, Philadelphia, PA 19107 or mcclaims@courts.phila.gov. The request should specify the reason for the continuance, and demonstrate that you ... staff will explain to you how to file a letter bringing your position to the ...
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Order (Continuance) (This form replaces CCM1 0606 and CCMD 623-2 thru 6) (12/01/20) CCM 0606 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS MUNICIPAL DEPARTMENT/ _____ DISTRICT _____ Plaintiff(s) v. No. _____ _____ Defendant(s) CONTINUANCE ORDER This matter having come before this Court for status pretrial trial ...
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SPECIAL IMMIGRANT JUVENILE STATUS - Safe Passage …
having committed a crime). In a defensive application, the attorney would appear in court on the date of the NTA with the juvenile eligible for SIJS and ask for a continuance. This would allow time to file a petition with family court and then with United …
IN THE COURT OF COMMON PLEAS - Bradford County, …
Criminal Continuance Motion (Revised 11/23/04) _____ _____ (If a continuance is requested because of a conflicting court matter, the scheduling notice or order must be attached.) 6. No interested party objects to the continuance. Only the following objected to the continuance request: _____ because_____;
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REQUEST FOR CONTINUANCE _____(name of party submitting request) requests that the hearing scheduled on _____ (date and time of hearing) be continued for the ... [ ] The above party, having complied with Rule 11.03 of the Franklin County Municipal Court, this case is continued to _____. _____ Clerk, Small Claims Division MAGISTRATE’S PRETRIAL ...
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The Court will decide whether to grant your motion or deny it. The Court may grant your motion by moving the hearing or conference to the date you requested, or to another date. Be sure to check your mail regularly. for an Order from the Court telling you the decision, and for other case-related documents. You must follow the decision the Court ...
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Policy prepared by the District Court Model Continuance Policy appointed by Judge Jack Cozort, Acting Director of the Administrative Office of the Court. ... motion or in letter form. Notations on the file will not suffice after 90 days from the first calendaring. It is the intent of these rules that most cases will be disposed of within 90 days.
Motion for a Continuance - Suffolk University
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Order on Motion for Continuance - TexasLawHelp.org
District Court . Court Number. County Court at Law County, Texas . Order on Motion for Continuance. On this date the Court considered the Motion for Continuance filed by: _____. Print the full name of the party who filed the Motion for Continuance. and ORDERS (that: Check all that apply.) a. The Motion for Continuance is GRANTED. b.
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case/docket #: _____ _____ plaintiff (print) in the justice court vs precinct one
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me, if they are also agreeable to the Court: _____ _____ _____ AGREEABLE DATE AGREEABLE DATE AGREEABLE DATE. Request for Relief . I RESPECTFULLY REQUEST that the Court grant my Request for Continuance. I ALSO REQUEST that the Court award any other relief it considers fair and proper. I DO request an oral hearing in front of the judge on this ...
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estate's money unless you have received permission from the court or have been advised to do so by an attorney. You may reimburse yourself for official court costs paid by you to the county clerk and for the premium on your bond. Without prior order of the court, you may not pay fees to yourself or to your attorney, if you have one. If you do not
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3. Any Motion with “Continuance” in the caption. 4. Any Motion with “Time” in the caption. 5. Any Motion with “Consent” in the caption. 6. Any Motion with “Joint” in the caption. 7. Any Motion with “Ex Parte” in the caption. 8. Any Motion with “Recusal” in the caption. 9. Any Motion in a “Specially Assigned” case. 10.
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Rule 8.5. Continuance After Scheduled for Trial 22 Rule 8.6. Special Settings 22 RULE 9. TELEPHONE AND VIDEO-CONFERENCING 23 Rule 9.1. Telephone Conferencing 23 Rule 9.2. Video-Conferencing 23 Rule 10. TRIALS 25 Rule 10.1. Voir Dire 25 Rule 10.2. Opening Statements in Criminal Matters 25 Rule 10.3. Requests and Exceptions to Charge 25 Rule 10.4.
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notice and an opportunity for District Court Case Manager to object to the continuance shall be given by 9:00 a.m. within two days of the beginning of the session at which the case is set. If the District Court Case Manager objects, then a conference shall be scheduled with the trial judge and the court will enter such order as is appropriate.
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