Quick Answer: Can You Ask For A Continuance?

What does it mean when they keep pushing your court date back?

It could mean that they are still collecting evidence to build a case.

It could mean that a key witness is sick or unavailable.

It could mean that the prosecutor on the case has some other big cases or a vacation scheduled and so needs to push your case back.

There are many reasons why a case might be pushed back..

Why would an attorney ask for a continuance?

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. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.

Do both parties have to agree to a continuance?

You do not have to agree to the continuance. However, if this is the first request for a continuance the court will probably grant it. If the opposing party keeps asking for more continuances, at some point the court will get…

How do I request a continuance?

When writing a request for a continuance, include your name, the case name and number, what you are requesting and why. State the date of the currently scheduled court hearing and clearly request a new date. Give the reasons for your request.

Can you push back a court date?

If you want to change your court date, you must ask for a postponement (also called a “continuance”). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.

Can I get a continuance over the phone?

Automatic Continuances You can get a first continuance by contacting the clerk’s office and requesting one. While I always fax a letter into the clerk’s office when making an official request, many clerk’s offices will continue your case if you request one over the phone.

Can a continuance be denied?

The court will balance the need for the continuance with any potential prejudice to the opposing side if the continuance is granted. If the opposing side can show that a continuance will harm them, the court may deny the continuance.

Can you ask for a continuance the day of court?

Postponing Your Traffic Court Date: Getting a “Continuance” If you have a traffic court date coming up and don’t think you’ll be able to make it or need more time to prepare, you might be able to postpone the date by asking for a “continuance” or “extension of time.”

How many times can a court case be postponed?

It can be postponed as many times as the judge will allow. Some judges are more accommodating than others. As a general rule of thumb (though there are certainly exceptions), cases usually get better for the defense the older they get…

What are good reasons for a continuance?

Reasons you may want to ask for a continuance include:You did not get enough notice of the hearing. … You need more time to hire a lawyer or apply for legal aid. … You need more time to get ready to represent yourself at a hearing.You need more time to get important evidence or subpoena an important witness.

Can I ask for a continuance without a lawyer?

Yes. You must show up in Court and ask the judge for a continuance based on the fact you are seeking out legal representation. Depending on the Judge and County you are likely to get at least one continuance to seek out counsel.

What is a good reason to postpone a court date?

The rule of reason applies to postponing a court date. If the justification is reasonable, related to trial preparation, your health or that of a family member, or a matter of some importance scheduled before the court date was set, the judge will likely have no problem with a request for postponement.

How does a continuance work?

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.

How long can case 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 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.