Motion For Continuance Form
Outline
Common PDF Templates
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Motion For Continuance Sample
I.MOTION FOR CONTINUANCE - CIVIL
SAMPLE
IN THE BEDFORD MUNICIPAL COURT
CUYAHOGA COUNTY, OHIO
_____________________________ |
) CASE NO.______________ |
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(Plaintiffís Name) |
) |
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) |
JUDGE:________________ |
vs |
) |
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) |
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_____________________________ |
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MOTION FOR CONTINUANCE |
(Defendantís Name)
Now comes (Your name) _______, and moves this Honorable Court for a
continuance of the hearing currently scheduled for (date you are asking for a continuance from).
The reason for this request is:
.
Respectfully submitted,
______________________________
(Your Signature)
______________________________
(Print Your name here)
______________________________
(Print Your Current address)
______________________________
(Print Phone Number You can be reached at)
CERTIFICATE OF SERVICE
A copy of the foregoing has been sent via regular, U.S. Mail, postage prepaid to:
(Name and Address of Other Party, or Other Partyís Attorney) this ________ day of
______________________, 2003.
__________________________________
(Your Signature)
Instructions on Utilizing Motion For Continuance
Filling out the Motion for Continuance form requires careful attention to detail. Once completed, this form will be submitted to the court to formally request a postponement of your scheduled hearing. It’s important to ensure all information is accurate and clearly presented.
- Begin by locating the form titled Motion For Continuance.
- At the top of the form, fill in the case number in the designated space.
- Next, write the plaintiff's name on the line provided.
- Then, fill in the judge's name in the appropriate section.
- On the line that reads "Now comes," write your name.
- In the following section, specify the date of the hearing you are requesting to postpone.
- Provide a clear and concise reason for your request in the space provided.
- Sign your name in the signature area at the bottom of the form.
- Print your name clearly in the designated area beneath your signature.
- Next, fill in your current address in the appropriate space.
- Provide your phone number where you can be reached.
- In the Certificate of Service section, write the name and address of the other party or their attorney.
- Indicate the date on which you are submitting this document.
- Finally, sign your name again in the designated area at the bottom of the Certificate of Service.
Misconceptions
Understanding the Motion For Continuance form is crucial for anyone involved in a legal proceeding. However, several misconceptions can lead to confusion. Here are four common misunderstandings:
- It guarantees the hearing will be postponed. Many believe that submitting a Motion For Continuance automatically results in a delay. In reality, the court must approve the motion based on valid reasons.
- Any reason is acceptable for a continuance. Some think that any personal inconvenience will suffice. However, the court typically requires legitimate reasons, such as illness or scheduling conflicts with legal representation.
- Filing the motion is enough. People often assume that simply filing the motion will suffice. It’s important to attend the hearing where the motion is considered, as the judge may ask questions.
- There is no deadline for filing. Many individuals think they can file at any time. In fact, there are specific timelines that must be adhered to, and late submissions may be denied.
Being aware of these misconceptions can help you navigate the process more effectively. Take action promptly to ensure your rights are protected.
Documents used along the form
When dealing with a Motion for Continuance, several other documents may come into play. These forms help ensure that the legal process runs smoothly and that all parties are properly informed. Here’s a list of commonly used forms that often accompany a Motion for Continuance:
- Notice of Hearing: This document informs all parties involved about the date and time of the hearing. It is crucial for ensuring that everyone is aware of when they need to appear in court.
- Affidavit in Support of Motion: This sworn statement provides evidence or justification for requesting a continuance. It may include details about why the delay is necessary, such as scheduling conflicts or the need for additional time to gather evidence.
- Opposition to Motion for Continuance: If one party disagrees with the request for a continuance, they may file this document. It outlines their reasons for opposing the motion and argues against the need for a delay.
- Order Granting or Denying Continuance: After reviewing the Motion for Continuance, the judge will issue this order. It formally states whether the request has been accepted or rejected, impacting the timeline of the case.
- Certificate of Service: This form confirms that all parties have received copies of the motion and any related documents. It ensures transparency and compliance with legal procedures.
- Proposed Order: This document suggests how the judge should rule on the motion. It outlines the specific terms of the continuance, including the new hearing date.
- Case Management Order: This order outlines the timeline and deadlines for various stages of the case. It may be adjusted if a continuance is granted, ensuring that all parties are on the same page.
- Bill of Sale: This document is crucial for the transfer of ownership of personal property in Arizona, ensuring both parties are clear on the transaction details. For more information, visit https://legalpdfdocs.com/.
- Joint Stipulation for Continuance: If both parties agree on the need for a continuance, they can file this document together. It shows that there is mutual consent, which may help facilitate the judge’s approval.
Understanding these documents can make the process of filing a Motion for Continuance much clearer. Each form plays a specific role in ensuring that your case is handled fairly and efficiently. By being prepared with the right paperwork, you can navigate the legal system with greater confidence.