how to request a continuance from another attorney

by Quinten Wilderman 6 min read

Steps to Requesting a Continuance

  1. Have a Good Reason The first thing you will need to request a continuance is a valid reason. ...
  2. Serve the Request In addition to submitting your request to the court, you must also deliver a copy of your request (by mail or courier) to the Plaintiff or ...
  3. File a Proof of Service

If the other party or lawyer agrees to a continuance, ask them to put it in writing (letter, fax, or email). It should say the new hearing date, if possible. The other party or lawyer must tell the court they want the hearing continued. Call the court clerk.

Full Answer

How do you get a continuance on a court hearing?

A judge probably won't grant a continuance if: the defendant has unreasonably delayed in getting a new attorney. the defendant has another attorney who is prepared for trial. the continuance wouldn't help the new attorney adequately represent the defendant, or. the defendant fails to explain why a new lawyer is necessary.

Can you get a continuance on a court case?

Steps to Requesting a Continuance 1. Have a Good Reason The first thing you will need to request a continuance is a valid reason. This reason could be... 2. Serve the Request In addition to submitting your request to the court, you must also deliver a …

How do I file a motion for continuance?

I need to ask for a continuance in my divorce case due to the fact I don’t have the $$ for my attorney to continue. I don’t know how to get some time to be able to earn enough money for another attorney nor to get the continuance so I don’t have to appear prose. My final orders is in 8 weeks and I don’t have any money.

Can I get a continuance on court date?

Nov 20, 2014 · You can reach out to defense counsel and see if they would be willing to agree to a continuance. If not, you would need to file a motion with the court with the basis for your request for continuance. Also, once you retain a new attorney, there's a chance that the court may be willing to give your attorney a continuance to get familiar with the case.

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What is a good reason to ask for a continuance?

Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.Oct 18, 2021

How do I write a letter requesting a continuance?

When writing a request for a continuance, include your name, the case name and number, what you are requesting and why. State the date of the currently scheduled court hearing and clearly request a new date. Give the reasons for your request.

How do I write a letter to court for postponement?

For example, "My name is Jim Jimerson and I am writing to reschedule our evidentiary hearing." Indicate the date and time when the original evidentiary hearing is scheduled, as well as your reason for requesting the hearing to be rescheduled. Indicate several alternative dates and times you could attend the hearing.

How do you write a letter to a judge for an extension?

Include a memo line with your case number and the caption of the case (i.e., John Smith vs. Jane Doe). Then, address the letter to the judge who is overseeing your case by writing "Dear Judge :" Don't forget to include your request for continuance in the opening paragraph.Dec 20, 2018

Does writing a letter to the judge help?

To be sure, there are times that letters (written in consultation with an attorney) can be useful, such as at the time of sentencing. However, when a person is awaiting trial, writing a letter to the judge will not help. At best, the letter will go unread by the judge, and will be of no help.Aug 1, 2015

How do I write a letter to ask for a court date?

Know Why You Need a Hearing. Develop a clear understanding of why you are requesting a hearing. ... Find Out the Proper Court. Find out which court your request will need to be sent to. ... Write a Letter to the Court. Write your letter to the appropriate court. ... Complete Additional Forms. ... Review the Response.Dec 27, 2018