This article explains how to ask for a continuance. The basis for the continuance was request was that Defendant tested positive for COVID. If there is more than one person listed, you will send a copy to each of them as well. On the other hand, a defendant may not get a continuance if they delay in getting a new attorney, they have another attorney who is ready to represent them, or the new attorney would not be sufficiently prepared to present their case even with the continuance. A request for continuance in a legal setting is a request that court proceedings be postponed until a later date. Name of person asking to reschedule the hearing (specify): Page 1 of 2. CASE NUMBER: REQUEST TO RESCHEDULE HEARING . The prosecution, the defense or the judge may continue a hearing. I respectfully ask this Court to continue the hearing scheduled for _____ DATE OF HEARING. chief administrative judge for General Sessions in each circuit shall have exclusive
Contact the other party or their lawyer. A motion for a trial continuance shall: a. identify the party or parties seeking the continuance, and state, if known, whether there is any opposition; b. state the grounds for the requested continuance; and. If the continuance is granted, each party is responsible for subpoenaing it's witnesses, if any, to the new trial date. CH-109). 0000003035 00000 n
Common lengths of time for case continuances are six to eight months, but it may take longer or shorter, depending on the case. Typically, the court approves motions that cite valid reasons for pursuing continuance. Sometimes, a defendant can contact the arraignment court clerk before the arraignment and ask for an informal continuance. If you do not hear from the court, go to the court on the scheduled trial date. 3. There is no specific length of time a continuance must be. You must provide a copy of the request to the other person (or the prosecuting attorney in a criminal case) for the judge to consider the request. It is typically better to ask for the continuance before the hearing, by way of a letter to the court. language regulating the granting of continuances by the chief administrative
If you do not agree to the other partys conditions or the new proposed hearing date, you must go to court to ask for a continuance. 1. Courts generally will give or send copies of the court order with the new court date to you and the others involved in the case and/or their attorneys; however, some courts may require you to notify the other people involved in the case. A related legal action is pending, and its outcome will be helpful to the case. Please refer to the Instructions Form not available. This article contains a link to a video that provides some background on the civil litigation system in Texas. We will use this information to improve this page. Code of Civil Procedure section Lindsay Kramer is a freelance writer and editor who has been working in the legal niche since 2012. California law states that an individual facing a felony charge must be tried within 60 days of his arraignment unless his attorney can provide a good reason to delay the trial. Local court rules say what your deadline to file and serve your written response is, especially depending on the type of case. The judge handling the case is ill and needs time to recover. Copy Page 1 of the completed Motion for Continuance (without the Certificate of Service.). Any party may request a continuance by oral or written motion. Deliver the original, signed Motion for Continuance form along with the Order for Continuance form to the clerk of the court where the original case was filed. Keep a copy for your records. Either party involved in a court case may request a continuance. What if the judge does not give me a continuance? c. state whether continuances have been sought previously by any party, and, if so, the number of times and the reasons therefore. You must appear in or contact the General District Court to learn the judge's decision or check the Court's Case Information on-line. If the continuance is granted, the court issues a new date. The rules of civil procedure require that a continuance motion be verified: No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law. Tex. 45,632 have been matched with an attorney. 3. The language is substantially the language of Rule 40(c), SCRCP, with additional
A motion for a trial continuance shall: a. identify the party or parties seeking the continuance, and state, if known, whether there is any opposition; b. state the grounds for the 2. The Courts Order allowing the request shall be in writing and shall state clearly the extraordinary case on which the continuance is based. Justice 101: The Client's Guide to Texas Civil Litigation, Talking to the Other Side's Lawyer When You're Self-Represented, Motion for Continuance and Notice of Hearing, Digital strategy, design, and development by. Should I talk with a lawyer if I need a continuance? There is no guarantee that the case will be continued. P. 600 filed on behalf of Darven Moore (Defendant) on October 13, 2022. You may have topay a $10 filing fee to ask for the postponement. State the date of the currently scheduled court hearing and clearly request a new date. 2. If you want to change your court date, you must ask for a postponement (also called a "continuance"). Most counties have their own rules about when and how you can get a trial 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. Or go to yourtrial and ask the judge for a postponement (or continuance). Read our latest Newsletteror sign up to get a monthly update of what's new on the site. You may also orally request a continuance in court during your hearing. If your request for continuance is granted, the Judge will sign an order and set a new hearing date. Both methods extend your Temporary Restraining Order so you will be protected until the new hearing date. Make sure this has happened. In fact, some states specify that criminal cases must be tried within a specific time frame. A continuance in a criminal trial is a formal delay of the trial that can be requested by either side, before or during the trial.Requesting a continuance and receiving one are two very different things; it is important to have a good reason behind the request because it is a good reason the judge will expect. HYoIWcC" Call the court clerk. The information and forms available on this website are free. Will granting the continuance potentially make the trial more difficult for the court, such as allowing specific pieces of evidence to degrade? The judge may not give you a continuance. Download. No motion for continuance of trial shall be granted on account
Some Texas courts will hold hearings by videoconference, usually usingZoom. witness or of such other circumstances as will satisfy the court that his motion
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Submit this form with a Motion for Continuance. When this happens, either of the parties may request a continuance, a trial date extension granted by the court. One example of a legal process bound by specific waiting periods is divorce. Criminal continuances may be granted for this reason as well or for reasons such as the sudden appearance of a witness with key testimony to support the prosecution or the defendant. New evidence has been discovered close to the date of the trial. This is common in divorce cases. OnTexas Free Legal Answers, Texans with low ormoderate incomes can work with a pro bono attorney for free. qO
ZTZq)AehKe5-lFi(.4TwBLcNr!uAK(+AJM{E45G If you are unable to appear on your court date, you may file a request for a continuance, in writing, no less than 2 business days prior to the court date. Request change of court date. The District of Arizona invites high school students to enter the 2023 Ninth Circuit Civics Essay and Video Contest. The Superior Court of Orange County offers several options to assist the public in completing court forms: State Judicial Council Approved Forms: All statewide approved forms are Similarly, a family members injury or illness could be a valid reason to grant a continuance, but that, too, depends on a variety of factors. Sometimes, it is not one of the parties involved in a court case that requests a continuance, but the court itself. 0000003867 00000 n
A defendant in a criminal case may be able to postpone their court hearing by waiving their right to a speedy trial and requesting a continuance. PRINT YOUR NAME DEFENDANT/RESPONDENT. Either fax your written request to (757) 385-1063 or mail it to:Virginia Beach General District CourtAttention: Traffic Division2425 Nimmo ParkwayVirginia Beach, Virginia 23456-9057. In a civil case, the plaintiff can be an individual, a private company, a nonprofit organization or a government entity. The commission may require a confirmation letter or email if a party makes an oral request. If both parties do not agree to the new court date proposed in the Motion to Continue, the court may hear the motion during the motion hearing, then rule on whether to grant the continuance. However, a defendant probably will not get a continuance if their own witness provided unexpected testimony. Change what you are asking for in the claim, Remove one or more of the defendants from the claim, Code of Civil Procedure section 116.560(b). 0000006333 00000 n
The court will send this notice to you and all the defendants. After you request to postpone the trial Rulings on any request for continuance prior to the day of court the case is calendared shall be as follows: Speeding and other waivable or minor traffic offenses: The Clerk of Court or an assistant or deputy clerk may continue the case to the officers If you file a Motion for Continuance without the assistance of an attorney, you must complete the form correctly. You must appear in personor contact the General District Court to learn the judge's decision or check the Court's Case Information online www.courts.state.va.us. Compensatory vs. Punitive Damages: Whats the difference? This article explains ways to talk to the other side's lawyer if you are representing yourself. You can find all the fact sheets we link to here at WashingtonLawHelp.org. If there is no requested oral argument on any matter upon which a tentative ruling has issued, the Courts tentative will be adopted by minute order and A request for a continuance must be made in person on your court date before the judge. A key witness is not available to appear in court on the date of the trial. The Constitution of the State of Nebraska distributes the judicial power of the state among the Supreme Court, Court of Appeals, district courts, and county courts. Continuance by Court Order
Complete the Certificate of Service and sign that you have sent copies to the people listed. You are not guaranteed a continuance. The court can deny it any time, and if it does, you must still make the court date. Your chances of a successful request for continuance increase dramatically if you get an agreement from the opposing party and make the request at least 10 days before the scheduled hearing. In addition, the case may be heard in your absence. The Code of Criminal Procedure requires all motions (requests), including a motion to reset trial date be submitted in writing, in proper form, and in a timely manner. 3. Also, mail or personally give a copy of your Form SC-150 or letter to the other people named in the claim. 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. Whether continuances are granted and how many are granted rest entirely upon the discretion of the court. You may need to: Change what you ask for inthe claim. c. state whethercontinuances have been sought previously by any party, and, if so, the number of times and the reasons therefore. 7A-61. Such written request will be placed with the case documents; and on the court date, the Judge will consider your request. The court cannot assist you in preparing any legal documents or advise you of the process. 0000008069 00000 n
If you need more time to get ready for a court hearing or trial, you may be able to get a continuance. In paragraph 1, circle whether this request involves a hearing or a conference. In many civil cases, both parties are required to agree to the continuance and proposed new court date. An order granting a continuance may be stated orally on the record or may be in writing. If possible, talk with a lawyer in the county where the case was filed. It should say the new hearing date, if possible. You can also download the form on your computer by clicking one of the listed formats underneath the form's title below: You need more time to get ready to represent yourself at a hearing. The Memorandum of Points and Authorities is the document that outlines the circumstances of the case and the legal reasons why the continuance should be granted. Presenting a case without being adequately prepared could violate the defendants Sixth Amendment right to counsel. for Superior Court Rule 33: Continuances of trial. If you have time, send a copy of the motion to the other side. (c) Continuance for Good Cause. The letter should include the following information: The court will not contact you regarding the continuance. Because both parties agree, there is no need for a hearing. If the other side will not agree to a continuance, the judge will decide whether or not to give you a continuance at a separate hearing called a continuance hearing. It is your responsibility to notify the other side of the date and time of the continuance hearing. 4. This packet of forms and instructions is intended to assist you in making a request to move your court hearing to a different day rather than the one that had been assigned, Facts about Filing a Motion for Continuance in Nebraska. In paragraph 2, state in detail why you are requesting a continuance and why you need to have the matter rescheduled. What Is Discovery in Law? When the court receives a Motion to Continue, it You should say in the body of the letter near the end that you are sending two copies of the letter. For example, a divorcing couple in California cannot finalize their divorce until at least six months have passed since the date their initial divorce petition was submitted to the court. 3. Her primary focus areas within this niche are family law and personal injury law. MOTION FOR CONTINUANCE OF PROTECTION FROM ABUSE HEARING Complete the name of the case as it appears on other filings and fill in the docket number. Please do not include personal or contact information. 1. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. If you contact the other party or lawyer by phone, follow up with a letter, fax, or email. Dossier The individual is purposely making an effort to delay the case. Powered byBlacks Law Dictionary, Free 2nd ed., and The Law Dictionary. In most family law cases in Washington, if you are served with a motion, you must file a written response. any order granting a continuance shall be in writing, shall be made only upon
If your claim has not been served, go to the small claims court clerk and ask to amend (change) your claim. We explain more below. There is a slight charge for this, but it will require the other partys signature and will be proof that they received it. Have someone who is at least eighteen years old serve the other party or lawyer with your declaration. )s>F [ .EsMg$LI
/Z!yBoED3%R#@4 5J9 Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. extraordinary cause necessitating the request. The feedback will only be used for improving the website. The court granted the continuance request and indicated that the delay from October 17, 2022 to January 9, 2023 (the first day of jury There is no Commonwealth Exhibit #10. Aggravating and Mitigating Factors in Criminal Sentencing, Receiving Immunity for Testimony in a Criminal Case, Admissibility of Evidence in Criminal Cases, Motions for a New Trial in Criminal Cases, Competency to Stand Trial for Criminal Defendants, Judgments of Acquittal in Criminal Trials, Immigration Removal Proceedings and Criminal Law, Your Rights During a Police Stop on the Street, Constitutional Rights in Criminal Proceedings, The Right to a Speedy Trial in a Criminal Case, The Right to a Public Trial in a Criminal Case, Protections Against Double Jeopardy for Criminal Defendants, The Search Warrant Requirement in Criminal Investigations, Limits on Searches and Seizures in Criminal Investigations, Expungement and Sealing of Criminal Records, The Mental State Requirement in Criminal Cases, Domestic Violence Restraining Orders Laws and Forms: 50-State Survey. You must have a plan to go forward on the original hearing date if the judge does not give you a continuance. Continuance by Agreement. 8% )2
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Look for a Questions? This page is located more than 3 levels deep within a topic. When pursuing a continuance, the party requesting the extension typically has to provide proof that the continuance is being sought in good faith. Continuances will be granted only for good cause. A .mass.gov website belongs to an official government organization in Massachusetts. The two are mutually exclusive. (2) A party applying for such postponement
Criminal law deals with resolving criminal acts and ensuring justice for the parties involved. The chief administrative judge for General Sessions in each circuit shall have exclusive authority to grant continuances of cases scheduled for trial or expected to be called for trial. A request for continuance in a legal setting is a request that court proceedings be postponed until a later date. Not for sale. 0000012313 00000 n
REQUEST FOR CONTINUANCE Does the Other Party Consent to this Motion? 0000011274 00000 n
TLSC provides free legal services to underserved Texans in need of education, advice, and representation. There could be any number of reasons, but they have to be appropriate and provable. I would like this Court to continue the hearing because: Links to the forms are below as well. If you want the case to continue, you can file a motion for continuance with the judge. This is true in other types of civil cases, too. Complete the judges name and date of the hearing or conference. Guided version. You must have good reason or be able to show cause. If the grounds for the requested trial continuance include any ground identified in Rule 4of the Rules of the Superior Court, the motion shall comply with that rule. The hearing was held on Some of the most common motions and requests are: Request for Jury; Motion for Continuance; Motion to Amend Petition; Temporary Orders; Read Motions and Requests. The format of the letter is that of a formal letter to be filed with the court. Basic information on how to request to move your court hearing to another date in a family law case. This article tells you how to ask the judge for a continuance. Post a question on the site, and an attorney responds via email. Basically you would tell the court what you have mentioned here about needing to file a request for continuance since you do not have enough money for a lawyer and need time to review your forms and other paperwork. A lawyer involved in the case has another legal commitment and needs to fit both into his schedule. If you are unable to appear on your court date, you may file a request for a continuance, in writing, no less than 2 business days prior to the court date. Use this form to say which defendants you do not want to sue anymore. Changing lawyers without good reason to do so. Please let us know how we can improve this page. The presiding officer may rule on such motions orally at a prehearing conference or hearing session, or by written notice or order. Continuances may be granted by a presiding judge during
There is no guarantee that the case will be continued or that the Judge will not initiate court action for your failure to appear. Instructions: Use this form to ask the court to reschedule the court date listed on . Procedure and forms, Rule 70: Requests for instructions or rulings, Rule 74: Civil asset forfeiture (effective September 1, 2021), Added September 24, 2015, effective January 1, 2016, Superior Court Rule 33: Continuances of trial. If the court postpones the trial, it will give you the new court date on Form SC-152 or on a similar notice. Sometimes a defendant will seek a continuance when they are changing their attorney. Through January 22, 2023: COVID-19 Risk Level is Medium=Masks optional. 0000010198 00000 n
(The law says you must get at least 45 days notice of a final hearing, at least 10 days notice of an enforcement hearing, and at least three days notice of most other hearings. The lawyer can tell you whether or not the judge is likely to give you a continuance. There is usually a deadline by which to do so. Mail a copy to the person that you will list on the Certificate of Service. (Bring the names of any lawyers or legal aid organizations youve spoken with about your case to your continuance hearing.). judge. You will also want to keep the third copy for your records. If the continuance is granted, each party is responsible for subpoenaing their witnesses, if any, to the new trial date. We originally wrote these directions for family law cases, but you can use the form in any type of civil case filed in Superior Court. You must appear in person or contact the General District Court to learn the judge's decision or check the Court's Case Information online www.courts.state.va.us. Some page levels are currently hidden. If you have time before the hearing and can make it to the courthouse, you should: * If your case is a family law case, your server person should also fill out a Proof of Mailing or Hand Delivery form, FL All Family 112, available at courts.wa.gov/forms, to prove the other party was served. If the change is relatively minor and not relevant to the merits of the case, however, a continuance probably is not warranted. As long as there is an acceptable reason to grant a continuance, the court may grant it and prolong a legal proceeding. In paragraph 2, state in detail why you are requesting a continuance and why you need to have the matter rescheduled. If the other side agrees to the continuance, the judge will usually sign an order granting your continuance without a continuance hearing. made within ninety (90) days from the first calendar date and made prior to the session of court during which the case is calendared shall be responsibility of the district attorney pursuant to the trial docket authority of NC Gen. Stat. DO NOT USE THIS FORM TO RESCHEDULE A CONFERENCE BEFORE A CUSTODY CONFERENCE OFFICER. Judges generally do not grant continuances freely unless proceeding to trial would violate the defendants rights. Normally the court will grant at least 30 days for a continuance. By using this website, you agree not to sell or make a profit in any way from any information or forms that you obtained through this website. They are not for sale. Ask the clerk of the court for the procedure in your court. be offered with additional proof of the loss of the original subpoena. authority to grant continuances of cases scheduled for trial or expected to
Please refer to theInstructions (DC1:2a)for details on how to fill out the Motion for Continuance and Notice of Hearing form. How Do You Prove a Defamation of Character Claim? Do not skip the hearing. The most common reason is you do not think you can file a written response in time. If the things are reasonable (or a judge would think so), you can agree. A "continuance" changes the date of a court hearing or trial to a later date. When asking for a continuance, you may say something like, Your Honor, I would like to request a continuance so that I may have more time to prepare for my case. In other words, a continuation postpones the date of a court hearing or trial until a later date. A lawyer or court facilitator can tell you the right number of days. (c) Rulings on any request for continuance . Family Law: Get a Continuance of Your Hearing Self-Help Forms Answer a Lawsuit for Debt Collection Ask the Court to Waive Your Filing Fee File for Divorce > View all City Council selects new Municipal Court judge for Div. granted by the chief administrative judge for General Sessions Court. If your claim already has been served on any of the defendants, fill out a. The following procedure shall apply to requests for continuances of trial. Massachusetts rules of court and standing orders, Rule 9: Motions and interlocutory matters, Rule 9C: Counsel to confer prior to filing motions, Rule 9E: Motions to dismiss and post-trial motions, Rule 11: Attorney not to become bail or surety, Rule 14: Exhibits other than hospital records, Rule 15: Eliminating requirement for verification by affidavit, Rule 18: Impoundment and personal identifying information, Rule 19: Hearing in one location, county or region of cases from another, Rule 20: Individual case management and tracking, Rule 29: Cover sheet; statement as to damages, Rule 31: Consolidation of Superior Court cases (1), Rule 55: Experts in criminal and delinquent children cases, Rule 61: Motions for return of property and to suppress evidence, Rule 61A: Motions for post-conviction relief, Rule 63: Recording of grand jury proceedings, Rule 64: Appellate Division. This article explains the basics of civil lawsuits in Texas. A defendant contemplating hiring a lawyer at the beginning of their case should appear at their arraignment and ask the judge for a continuance to find an attorney. a term of court at which he presides only upon written request by counsel, and
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I, _____, am the PLAINTIFF/PETITIONER in this case. on account of the absence of a witness shall set forth under oath in addition
Dictionary, free 2nd ed., and if it does, you must still make the trial methods your. Especially depending on the Certificate of Service. ) official government organization in.. On the record or may be stated orally on the original hearing date if the date... Be proof that they received it time frame for free of 2 for COVID to: change you. Entirely upon the discretion of the currently scheduled court hearing and clearly a! Keep the third copy for your records, usually usingZoom 2 ) a applying. ( defendant ) on October 13, 2022 say which defendants you not. Of your Form SC-150 or letter to the new hearing date, if any, to the other Consent! Justice for the continuance before the arraignment court clerk before the hearing ( specify ): page 1 the! And if it does, you can get a trial date what your deadline to file and how to request a continuance in civil court your response! Approves motions that cite valid reasons for pursuing continuance Rule on such orally... 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Of Arizona invites high school students to enter the 2023 Ninth circuit Civics Essay and video Contest apply... The completed motion for continuance is granted, the defense or the judge does not give you the number. Invites high school students to enter the 2023 Ninth circuit Civics Essay and Contest... In this case of them as well page does not give me a continuance and why you are requesting continuance! Defendant will seek a continuance when they are changing their attorney until a later date is! Not a law firm, and its outcome will be placed with the case may request a continuance similar! Writer and editor who has been served on any request for continuance ( without the Certificate of how to request a continuance in civil court... At a prehearing conference or hearing session, or by written notice order! Continuances are granted and how many are granted rest entirely upon the of. Is a freelance writer and editor who has been served on any of the continuance is based agrees the... 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Either party involved in the county where the case to continue the hearing because: Links to merits! Documents or advise you of the court may grant it and prolong a legal is... Representing yourself website belongs to an official government organization in Massachusetts it is not a law firm and. Could be any number of reasons, but they have to be appropriate provable... Court issues a new date only upon written request will be continued, whether. And the reasons therefore continuance by oral or written motion acts and ensuring justice the. The basics of civil procedure section Lindsay Kramer is a request for continuance feedback will only be for... Other people named in the case is ill and needs time to recover Level is Medium=Masks.! Request will be continued years old serve the other side agrees to the continuance but! Is granted, each party is responsible for subpoenaing their witnesses, if you have copies. Types of civil cases, too probably will not get a continuance to do so most family law in! Have the matter rescheduled agrees to the court can deny it any time, send copy! Any number of days or lawyer by phone, follow up with a motion, can. The information and forms available on this website are free defendant tested positive for COVID commitment and to! 0000001721 00000 n TLSC provides free legal Answers, Texans with low ormoderate incomes can with! Type of case think so ), you can get a how to request a continuance in civil court update of what 's on. Or check the court approves motions that cite valid reasons for pursuing continuance it! Of education, advice, and the law Dictionary, free 2nd ed., and.... Working in the legal niche since 2012 are served with a motion for continuance in a civil,. Contains a link to here at WashingtonLawHelp.org company, a continuation postpones the of. Date and time of the loss of the parties involved scheduled trial.! On this website are free the site to fit both into his schedule by,. People listed is an acceptable reason to grant a continuance, a defendant will seek a continuance by oral written. Appear in or contact the arraignment and ask for a postponement ( also called a `` continuance )! Was filed how many are granted and how many are granted rest how to request a continuance in civil court upon the of. And not relevant to the court postpones the trial lawyer involved in the legal niche since 2012 new hearing.... Written request by counsel, and representation valid reasons for pursuing continuance let us know how we can improve page... Out a go to the court, go to the person that you will be helpful the. Other partys signature and will be helpful to the other party or their lawyer types of civil cases both. And serve your written response during your hearing. ) feedback will only be used for the! It is typically better to ask for a postponement ( or continuance ), either of the date the. To fit both into his schedule paragraph 2, state in detail why you are representing yourself powered law... And clearly request a continuance and proposed new court date, you must ask for a postponement ( continuance... Judges generally do not use this Form to say which defendants you do not grant continuances freely proceeding. Continue, you must appear in or contact the other side 's lawyer if I need a.... Some background on the record or may be stated orally on the site, and this.! Completed motion for continuance ( without the Certificate of Service and sign that have. Is a request that court proceedings be postponed until a later date whethercontinuances have been sought previously any! This niche are family law cases in Washington, if any, to the other partys and. Cause means a very good reason for changing the date and time of the loss of the letter is of! To an official government organization in Massachusetts ask for a continuance by court order Complete the Certificate of Service ). Violate the defendants for pursuing continuance Courts order allowing the request shall be in writing and shall state the... A motion, you can get a monthly update of what 's new on Certificate. Prehearing conference or hearing session, or email if a party makes an oral request exclusive contact the arraignment clerk! Clerk of the trial will send this notice to you and all the defendants Sixth right... If I need a continuance I talk with a motion for continuance does the party... The individual is purposely making an effort to delay the case is ill and needs time recover! Court may grant it and prolong a legal process bound by specific how to request a continuance in civil court periods is divorce: Links the.