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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.
How do you request to continue a trial in California?
A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.
What is a trial stipulation?
A pretrial stipulation is a document prepared by all parties to the adversary proceeding that helps all parties and the court prepare to conduct a trial. A pretrial stipulation contains information that the parties agree are not in dispute and agree are in dispute.
What is good cause to continue a trial?
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 are good reasons 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.
joint stipulation to continue trial california
Stipulation to continue hearing CaliforniaCan you ask for a continuance the day of courtJoint MOTION to continue trialSample motion for continuance CaliforniaEx parte application to continue hearing date CaliforniaFederal Court motion to continue trialMotion to reschedule hearingValid reasons to reschedule court date
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From your question it could be one of two things. Either the defendant has filed a proposed order to deny the postponement or you are being notified that the court signed an order refusing to give a postponement of the case.
What is an example of asking for a continuance?
As I explained today, I need a continuance of the hearing on (date) . I ask you to reschedule because (reason): Please let me know by (date) if you will agree to a continuance. If you agree, please send me a letter or email that says that you agree to the continuance.
What constitutes a good cause for continuance?
(2) For purposes of this section, good cause includes, but is not limited to, those cases involving , as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section
Related links
Rule 29. Stipulations About Discovery Procedure
The parties may stipulate that: (a) a deposition may be taken before any person, at any time or place, on any notice, and in the manner specified.
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