Why do some criminal cases ask for a continuance?
Neither side may excessively delay the trial for its own advantage, especially the prosecution: An unreasonable delay can violate the defendant’s Sixth Amendment right to a speedy trial. Attorneys often request continuances because their work on other cases has prevented them from devoting the necessary time to the case at hand.
What do I need to ask for a continuance?
The first thing you will need to request a continuance is a valid reason. This reason could be scheduling conflicts or the inability to acquire necessary documents before the assigned date. You will be required to explain your reason in your request.
Can a judge deny a request for a continuance?
Presenting a case without being adequately prepared could violate the defendant’s Sixth Amendment right to counsel. If the defense appears to be seeking a continuance simply as a delay tactic, and no unexpected event has occurred, the judge will deny the continuance.
When to request a continuance for a court date?
Scheduling conflicts are common for small claims defendants and plaintiffs alike. If you have been issued a subpoena for a court time or date that you can’t possibly attend, you won’t need the expensive services of an attorney to reschedule. Filing a request for continuance on your own behalf is simple, fast, and easy. 1. Have a Good Reason
Can a defendant ask the court for a continuance?
Defendants and their counsel can ask the trial court for a continuance, but must convince the judge that it’s necessary (and if the motion is made too close to the trial date itself, the defendant may lose). To secure witnesses. Sometimes, a defense witness becomes unavailable or even disappears.
What do you need to know about continuances?
The party seeking the continuance needs to have made reasonable efforts to move the case forward, although they do not need to have done everything possible to develop the case to get 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.
How to request a continuance of an extension?
Type or write the date your answer or response is currently due. Type or write the date when you will file your answer or response, if you are granted the extension. If you are requesting both a continuance and an extension, put a checkmark () next to both boxes and fill in all of the required information. Paragraph 3:
When is a judge reluctant to grant a continuance?
A judge may be reluctant to grant a continuance if the defense still has sufficient time to prepare, or if the evidence is related to evidence that had been disclosed to the defense. A judge even may grant a continuance during a trial if a witness for the prosecution provides unexpected testimony that the defendant could not have anticipated.