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Continuance Policy in Both Civil and Criminal Cases in District Court - nccourts

Continuance Policy in Both Civil and Criminal Cases in District Court - nccourts 2025

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The document outlines the local rules of practice for the 23rd Judicial District of North Carolina regarding continuance policies in civil and criminal cases, as well as case management plans for calendaring. It emphasizes the responsibility of Senior Resident Judges and Chief District Court Judges to establish written policies aimed at reducing delays and ensuring fairness in case handling. The rules detail procedures for requesting continuances, including documentation requirements, notification of opposing parties, and time standards for case resolution across various types of cases, including domestic and juvenile matters.

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What is the rule of court continuance?

Rule 3.1332(c) of the California Rules of Court (CRC) allows the court to grant a continuance before or during trial on an affirmative showing of good cause. Each request for continuance must be considered on its own merits.

How many times can a civil court case be continued in NC?

1:15 2:55 Cause documentation and notification all orders for continuence. Must be documented in the case fileMoreCause documentation and notification all orders for continuence. Must be documented in the case file including the name of the moving party any objections. And the basis for the continuence.

How many continuances are allowed in court?

Generally there is no specific number of continuances allowed by law. The granting of continuances are within the sound discretion of the court, and generally there is no limit to the number of continuances. So long as there is a good reason for a continuance, then a Judge can keep granting them.

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.

Can a continuance be denied?

Judges generally do not grant continuances freely unless proceeding to trial would violate the defendants rights. They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation.

Do you have to agree to a continuance?

Sometimes, a continuance can be agreed upon by both parties, which makes it more likely that the court will grant the continuance request. If the other side does not agree to a continuance, then you will need to convince the judge.

Do both parties have to agree to a continuance?

Even if the other party does not agree, you may still contact the court to request a continuance of the hearing date. With the current public health crisis, judges may be more sensitive to health concerns and more lenient in granting continuances.

Continuance Policy in Both Civil and Criminal Cases in District Court - nccourts 2025

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