Motion to Fix for Trial - Louisiana 2025

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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.
Louisiana Laws - Louisiana State Legislature. A motion for a continuance shall be in writing and shall allege specifically the grounds upon which it is based and, when made by a defendant, must be verified by his affidavit or that of his counsel. It shall be filed at least seven days prior to the commencement of trial.
This tells the court that there are still disagreements between you and the other party, and a Hearing or Trial is necessary to settle the things you and the other party do not agree about.
If a party fails to timely serve a memorandum, thus necessitating a continuance to give the opposing side a fair chance to respond, the court may order the late-filing party to pay the opposing sides costs incurred on account of the untimeliness.
The Standard for Motion for New Trial: You have to show that the verdict is against the WEIGHT of the evidence. Youre basically saying the judge or jury made a big mistake.

People also ask

A 1050 motion to continue is a request in a criminal case to postpone a court date. The date could be for a pretrial matter or a trial.
Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.

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