Content Overview
Guide to Writing Motion For Continuance
After completing the Motion For Continuance form, the next step involves submitting it to the court. Ensure that you have filled out all required information accurately. This form allows you to request a delay in your hearing, which can be essential for various reasons, such as needing more time to prepare your case or personal circumstances that prevent you from attending. Follow these steps to fill out the form correctly.
- At the top of the form, write the case number in the space provided.
- Fill in the names of the parties involved in the case, including the plaintiff and defendant.
- In the section labeled "Now comes," write your name as the person requesting the continuance.
- Indicate the date of the hearing you are requesting to postpone.
- Clearly state the reason for your request for a continuance in the designated area.
- Sign the form where indicated to confirm your request.
- Print your name below your signature to ensure clarity.
- Provide your current address in the space provided.
- Include your phone number so the court can contact you if necessary.
- In the "CERTIFICATE OF SERVICE" section, write the name and address of the other party or their attorney.
- Indicate the date you are sending the motion in the blank space provided.
- Sign the form again at the bottom of the "CERTIFICATE OF SERVICE" section.
Document Breakdown
| Fact Name | Details |
|---|---|
| Purpose | The Motion for Continuance is used to request a delay in a scheduled court hearing. |
| Jurisdiction | This form is specific to the Bedford Municipal Court in Cuyahoga County, Ohio. |
| Governing Law | Ohio Rules of Civil Procedure govern the use of this motion in civil cases. |
| Service Requirement | A copy of the motion must be sent to the other party or their attorney via U.S. Mail. |
FAQ
What is a Motion For Continuance?
A Motion For Continuance is a formal request made to the court to postpone a scheduled hearing or trial. This request is submitted by either the plaintiff or the defendant and must include a valid reason for the delay. The motion aims to ensure that all parties have adequate time to prepare for the case.
When should I file a Motion For Continuance?
Filing a Motion For Continuance is appropriate when unforeseen circumstances arise that prevent a party from attending a scheduled court date. Common reasons include:
- Medical emergencies
- Scheduling conflicts
- Need for additional time to gather evidence
- Unavailability of a key witness
It is crucial to file the motion as soon as you are aware of the conflict to give the court sufficient notice.
How do I complete the Motion For Continuance form?
To complete the Motion For Continuance form, follow these steps:
- Fill in your name and the case number at the top of the form.
- Indicate the date of the scheduled hearing you wish to postpone.
- Clearly state the reason for the request in the designated section.
- Sign the form and print your name, address, and phone number.
- Include a Certificate of Service, indicating that you have sent a copy of the motion to the other party or their attorney.
Ensure that all information is accurate and complete before submission.
What happens after I file the Motion For Continuance?
Once the Motion For Continuance is filed, the court will review it. The judge may either grant or deny the request. If granted, a new hearing date will be set. If denied, the original date will remain in effect, and all parties must be prepared to attend.
Is there a deadline for filing a Motion For Continuance?
Yes, there is typically a deadline for filing a Motion For Continuance. This deadline varies by jurisdiction and the specific court rules. It is advisable to file the motion as early as possible to avoid any complications. Checking with the court or reviewing local rules can provide clarity on specific timelines.
Can I file a Motion For Continuance without an attorney?
Individuals can file a Motion For Continuance without an attorney, but it is highly recommended to seek legal advice. Navigating the court system can be complex, and an attorney can provide guidance on how to present your case effectively.
What should I do if my Motion For Continuance is denied?
If your Motion For Continuance is denied, you must prepare for the original hearing date. Review your case details and gather all necessary documents and evidence. Consider consulting with an attorney for additional support and strategies to present your case effectively during the hearing.
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Motion For Continuance Example
I.MOTION FOR CONTINUANCE - CIVIL
SAMPLE
IN THE BEDFORD MUNICIPAL COURT
CUYAHOGA COUNTY, OHIO
_____________________________ |
) CASE NO.______________ |
|
(Plaintiffís Name) |
) |
|
|
) |
JUDGE:________________ |
vs |
) |
|
|
) |
|
_____________________________ |
) |
MOTION FOR CONTINUANCE |
(Defendantís Name)
Now comes (Your name) _______, and moves this Honorable Court for a
continuance of the hearing currently scheduled for (date you are asking for a continuance from).
The reason for this request is:
.
Respectfully submitted,
______________________________
(Your Signature)
______________________________
(Print Your name here)
______________________________
(Print Your Current address)
______________________________
(Print Phone Number You can be reached at)
CERTIFICATE OF SERVICE
A copy of the foregoing has been sent via regular, U.S. Mail, postage prepaid to:
(Name and Address of Other Party, or Other Partyís Attorney) this ________ day of
______________________, 2003.
__________________________________
(Your Signature)