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CODE 16. 1-133. 1 8. 01-322 16. 1-97. 1. General District Court Juvenile Domestic Relations District Court HEARING DATE CASE NO. MOTION TO REHEAR CIVIL CITY OR COUNTY STREET ADDRESS OF COURT I the undersigned move to reopen the case numbered in which I was found guilty of under Va* Code 16. 1-133. 1 sixty days or less since the date of conviction on move for a rehearing of the civil case numbered. It has been. v*/In re served by publication and it has been two years or less since the judgment ...

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How do you write a continuance request?

The Motion for Continuance must contain the following: 1. A detailed explanation of your reasons for the continuance along with any supporting documentation if applicable; 2. A detailed explanation of your effort to contact the opposing party/attorney regarding the continuance; 3. Your signature; and 4.

How do I file a motion for continuance in Virginia?

All civil continuance requests must be submitted in writing. The courts Request for Court Action Form is available to use for continuance requests. The continuance date must be an available date provided by the clerks office. Continuance requests should be made as far in advance as possible.

What is a good reason to ask for a continuance?

Absence of witness or evidence Several factors are considered in issuing a continuance on the ground that a witness or evidence is absent: The expected evidence or witness is material and competent to the trial. There is a probability that the evidence will be forthcoming if the case is continued.

How do I get a continuance in court in Virginia?

The Clerks Office will only grant a continuance in a civil case if both parties agree to the continuance. If either party is not in agreement, then the request must be submitted, in writing, to the Judge before the court date. The Court has drafted a Motion for Continuance form.

What is a good cause for continuance in Virginia?

Definition of Good Cause: Good cause exists when the need for a continuance is unforeseen, is not due to a lack of preparation, is brought to the Courts attention in a timely manner, and does not unduly prejudice the opposing party. Posted service may be good cause.

How do I file a motion in Virginia court?

Motions may be typed by either party, may be filed on the General Notice and Motion Form or may be filed on one of the appropriate forms provided by the Supreme Court of Virginia (located here). Emergency Motions will be heard at 9:30AM Monday-Friday.

What is the Virginia Rule 8.01 428?

Clerical mistakes in all judgments or other parts of the record and errors therein arising from oversight or from an inadvertent omission may be corrected by the court at any time on its own initiative or upon the motion of any party and after such notice, as the court may order.

What are the grounds for motion to dismiss in Virginia?

In one responsive pleading, the respondent may move to dismiss on any appropriate ground, including the failure to state facts upon which relief should be granted, and, in the alternative, may set forth grounds of defense as in an action at law.