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This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick has practiced as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.
How To Write A Continuance Letter
There are 10 references cited in this article, which can be found at the bottom of the page.
District Court Clerk
There are many reasons to write a letter to the District Attorney (DA). Whatever your reason, compose a respectful formal letter to give your inquiry the best chance of success. You’ll also want to include any information necessary to support your inquiry, whether it involves a trial, a felony report, or the resolution of a traffic ticket.
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick has practiced as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 128,784 times.
Writing a formal and respectful letter to the district attorney could help your case. Be sure to use their full address when addressing the envelope. For example, you can write “The Honorable John Smith, District Attorney of the City of New York.” Keep the letter short and try to succinctly explain your situation and why you are writing it. Be sure to include relevant information such as your full name, case title, and your contact information. Keep in mind that anything you write can be used as evidence in your case, so you should not write to the district attorney if you are a defendant in a criminal case. To learn how to write a letter against a traffic ticket, read more from our legal co-author! When something unexpected happens, you may have to postpone even your most serious commitments. If you are involved in a court case and wish to postpone your trial date due to an emergency, convenience, or as part of your legal strategy, follow local court procedures and file the necessary documents as soon as possible.
When writing an extension request, include your name, title and subject number, what you are asking for and why. Indicate the date of the currently scheduled court hearing and clearly request a new date. Give reasons for your request. State whether you have contacted the other parties or their attorneys and whether they agree to the extension. You can attach proof of the reason for the request, such as a copy of a family member’s death certificate, airline ticket, or documentation of an upcoming medical procedure. This basic information should be included in all requests for continuation of the court hearing, but the exact format and procedure depend on the requests of the individual court.
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Procedures for adjournment requests vary among states, courts, and even judges. For instructions on extensions, review the court notice you received ordering you to appear in court on a certain date. Call the court clerk and ask about the procedures. Usually a phone call alone will not be enough to change the trial date, although it is possible. You can find the rules and forms on the state website. Some courts have specific extension request forms, while other courts have generic request forms on which you can write your request for an extension. Most courts prefer that you seek the consent of the other parties first, and some states require it. When in doubt about a particular court action, assume that you need to prepare and file a formal written request as soon as possible. File it the same way you file other court documents in the case and send copies to all parties.
Acceptable reasons for adjournment depend on the nature of the court event. Courts may not require cause to reschedule a routine trial date, such as a case status conference or motion hearing, as long as the delay would not adversely affect the other party. However, to reschedule the trial, the court will likely require good cause. For example, the California Rules of Court emphasize that adjournments are unfavorable and will only be granted for good cause such as the unavailability of a party, counsel, or witness due to death, illness, or other extenuating circumstances.
Court rules usually dictate how close to the trial date you can ask for an adjournment, but for genuine emergencies or unusual circumstances, it’s still worth asking even if you’ve missed the deadline. If your request is too close to the trial date and you don’t have a valid reason that you couldn’t have known earlier, such as a death or sudden illness, the judge may not grant a stay even if the other parties agree to your request. If you have requested several adjournments in the same case, the judge may not be inclined to grant another.
Based in Hartford, Connecticut, Kristen Harris has been an attorney for 18 years. He writes on business topics, civil litigation, family law, criminal law, probate, contracts, health and education law. We use cookies to make us great. By using our site, you agree to our cookie policy. Cookie settings
How To Write A Request For Continuance
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick has practiced as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.
There are 10 references cited in this article, which can be found at the bottom of the page.
If you are in the middle of a criminal or civil case, you may have to attend various hearings. Judges expect scheduled hearings from people. If for some reason you cannot attend the hearing or trial, you will need to contact the court and ask for a “continuation”. In some courts, you can submit a request by writing a letter.
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick has practiced as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 233,699 times.
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To write a letter if you can’t make it to court, start by including your contact information and the date at the top of the page, followed by the judge’s name and address. Open your letter with “Dear Judge (name)” and then briefly explain the circumstances of your absence from court. Also, mention any documentation you are attaching, such as medical records. Ask for a new trial date that you are sure you can attend and close the letter by thanking the judge for his understanding. Finally, sign your name and send the letter to the appropriate address. For our legal reviewer’s advice on seeking an adjournment, keep reading.I. MOTION FOR EXTENSION – CIVIL SAMPLE IN THE MUNICIPAL COURT OF BEDFORD CUYAHOGA COUNTY OHIO Name of Plaintiff vs. Name of Defendant CASE NO. JUDGE Now comes your name and moves this Honorable Court to continue the hearing currently scheduled for the date from which you are seeking adjournment. The reason for this request is. With respect. Your signature. Print your name here. Print your current address. Print the phone number. You can be reached at SERVICE CERTIFICATE Copy…
Let’s talk about our extension request checklist, so this is your template, and this is your main template that you can edit or you can edit it after you pull it into a specific client, so when you’re thinking about an extension request , we have a reminder here that you can assign to a paralegal or yourself to call the court night coordinator and find out what dates are available now whenever you see this AND in a blue circle that means there’s additional information and you can just hover over it and see it and sometimes you can’t fit the whole statement in the source box, so you have to go to the rest of the sentence there, so if you click on it, this is what looks like an action title, it’s basically an opening and that can be up to 255 characters or an action plan where you have additional information, so you have a little hint with that blue eye that you have additional information, then send a letter to the posing attorney asking if they will agree to cooperate ndu action and offer specific dates that are available, this is assuming you haven’t already had that conversation, then draft a motion to terminate include a request for attorneys’ fees if
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