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Motion trial continuance

Motion trial continuance 2025

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The document is a legal motion filed by the defendant requesting a continuance of the trial date due to the plaintiff's recent elective surgery for facial scars resulting from an automobile accident. The defendant argues that the timing of the surgery, which was not medically necessary, could mislead the jury into believing the plaintiff's injuries are worse than they actually are, thus affecting the fairness of the trial. The defendant seeks to ensure that the jury considers the true nature of the plaintiff's injuries after they have healed.

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What is a motion of continuance?

A continuance may be granted because unexpected evidence or testimony has emerged. This includes additional witnesses not named in the original indictment, or unanticipated testimony of witnesses, such as major differences of fact from deposition and trial. Minor differences in testimony do not constitute surprise.

What is a good reason for a continuance in court?

Is there any civil rule or what law that governs asking for continuance 1. Medical condition; 2. Significant changes in the circumstances; 3. Scheduling conflict. 4. Lack of preparation.

Why would a motion for continuance be denied?

Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result

What is the definition of motion for continuance?

A motion for a continuance is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (good cause) for postponing your court date.

What is a good reason to ask for a continuance?

What are considered to be acceptable reason for a continuance 1. Not having an attorney or not having had the time to look for an attorney. 2. Illness of party or attorney. 3. Attorney having an unexpected event occur in another case that would cause them to be unable to attend. 4. Family emergency. 5.

Why would a lawyer file a continuance?

If you need time to find emergency counsel to handle your business fraud case, breach of fiduciary duty complaint, intellectual property claim, employment litigation, or any other type of legal matter, you may want to request a continuance.

Is a continuance good or bad?

A continuance is granted for good cause. More time to prepare could be good cause depending upon the circumstances. You (or your attorney) must argue how desperate you are for court orders, and/or that more preparation is not necessary based upon the circumstances.

Motion trial continuance 2025

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