Your question: What is a continuance in a divorce?

A common question parties in a family law matter ask is, “How long will this process take?” What often drags out the process is a Motion for Continuance. … A common remedy to this situation is to file a Motion to Continue the hearing, which requests that the court reschedule the hearing for a new date and time.

What does motion for continuance mean in divorce?

A motion for continuance is simply a request to have the hearing moved to a later date. These are filed for a number of reasons, including a scheduling conflict, previous plans, or just needing more time to prepare.

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.
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Do both parties have to agree to a continuance?

The other party might only agree to a continuance if you agree to certain things before the next hearing. If the things are reasonable (or a judge would think so), you can agree. If you do not agree to the other party’s conditions or the new proposed hearing date, you must go to court to ask for a continuance.

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.

What is a good reason to postpone a court date?

Requesting more time to pay a ticket or prepare for a traffic court trial. 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 long can you ask for a continuance in court?

The defendant wants to request a continuance of 4 weeks. A continuance of 4 weeks means that the plaintiff may not see his son for four more weeks. The court may grant the continuance if an agreement can be reached allowing the plaintiff time to see his son in the period of time before the trial.

Why would a defendant ask for a continuance?

The defense also may seek a continuance if it is unable to locate a witness who was expected to testify on the defendant’s behalf. 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.

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Can I ask for a continuance on the day of court?

Yes, you can call the court clerk on the day of court and ask if they will give you a continuance of your court date without requiring you to appear in court to ask the judge.

Can a continuance be denied?

A judge may deny a continuance when: the new evidence is reasonably related to evidence the defendant already knows about. the defendant has enough time without the continuance to prepare for the new evidence. … the defendant fails to promptly inform the court of the surprise evidence or witness.

How do you fight a continuance?

Generally, you have the right to file an objection to a proposed continuance. You can do this by letting the Court as well as opposing counsel know that you object, and the reasons why. The judge will likely hold a contradictory hearing to determine…

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.

How do you fight a motion for continuance?

You can file a written response to the Motion to Continue, calling it something like an “Objection” or “Opposition.” This MAY prevent the Court from entering a continuance without a hearing…

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.

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Can I get a continuance without 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.

How long can the court postpone your case?

There is no hard and fast rule set out in the US Constitution that defines how long is too long for a delay. However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant’s claim that their right to a speedy trial is being denied.

After Divorce