Can a continuance be denied?
Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant’s rights. They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation.
What does request for continuance mean?
When a party to a lawsuit needs to postpone a matter that has a legal deadline or that has been calendared for a hearing or trial, the proper procedure is to apply to the court for a continuance (postponement to a later date). A request for a continuance can be written or oral depending on the circumstances.
What is a continuance in a divorce?
A continuance is a request by you or your spouse that reschedules the court hearing to another date. Many of the most common reasons people request a continuance are that they have not filed a written response to the court in time and not being served enough before the hearing date.
How many times can a court case be postponed?
A case may be postponed as many times as the court deems it to be necessary. As long as there is an acceptable reason to grant a continuance, the court may grant it and prolong a legal proceeding.
How do you fight a continuance?
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 are good reasons for a continuance?
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (Rule 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (Rule 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a …
What is good cause for a continuance?
Significant, Unanticipated Change in Case Status Constitutes Good Cause for Continuance. The circumstances that may indicate good cause for a continuance include a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial ( Cal. Rules of Ct., Rule 3.1332(c)(7)).
How do you oppose a motion for continuance?
The objection should be signed by the attorney filing it or by the party, if the party does not have counsel. Local rules may have additional requirements, such as requiring an affidavit in support of the objection. The signed objection should be filed with the court clerk before the deadline set out in the rules.
How do I stop a motion for continuance?