Sometimes one or more of the parties involved in a court case find that their trial date is approaching much faster than they deem appropriate. In this case, either party can ask for an extension, an extension of the hearing date granted by the court. There are many reasons why an individual may need to request an extension. If one of them is granted, it is in the interest of making the future process fairer, with the aim of achieving a fair result. Any party involved in legal proceedings may request an extension. This is done by submitting an application for continuance to the court. If the court receives a request for an extension, it may approve or reject the request at its discretion. As a general rule, the court approves applications that provide valid reasons for continuing. Sometimes it is not one of the parties to a court case that asks for continuation, but the court itself. This may be because a judge or prosecutor is ill because the evidence presented has proven to be false or because one or more appropriate court proceedings, such as the timely filing of documents relating to the case, have not taken place.
A trial may be postponed as many times as the court deems necessary. As long as there are reasonable grounds for granting an extension, the court may grant it and prolong the legal proceedings. If a litigant has to postpone a case that has a legal time limit or is scheduled for a hearing or hearing, the appropriate procedure is to apply to the court for continuation (postponement to a later date). An accused who plans to hire a lawyer at the beginning of his trial should appear at his indictment and ask the judge to continue to find a lawyer. Sometimes an accused may contact the court clerk prior to the indictment and request informal continuation. A common request for continuation is the time to hire a lawyer. If the case has been pending for some time or if a continuation has already been granted, the court may dismiss the application. In general, courts are reluctant to prosecute in criminal cases rather than in civil cases, because the Sixth Amendment to the United States Constitution grants defendants the right to a speedy trial.
There is no similar right in civil proceedings, as the outcome of civil proceedings is usually compensation for the injured party and not justice for an accused victim or accused. If you are applying for an extension to obtain a lawyer, it is important to show the court the efforts that have been made to obtain a lawyer. Be prepared to inform the court of the names of the lawyers contacted. If you have made an appointment with a lawyer, give the court the name of the lawyer. When the court receives an application for continuation, it must consider many factors surrounding the case in deciding whether the application cites one or more acceptable grounds for continuing the civil court – or a criminal continuation. In criminal proceedings, the right of the accused to a speedy trial must always be taken into account, as long stays can keep a potentially innocent person in prison for long periods. Example: At a custody hearing, the applicant did not visit his son. The defendant wants to request a 4-week extension. An extension of 4 weeks means that the applicant is not allowed to see their son for another four weeks. The court may grant the extension if an agreement can be reached that gives the plaintiff time to see his son in the pre-trial period.
As a general rule, the illness of a party or witness may be sufficient reason to continue the proceedings. If you are applying for continuation due to illness, you must be prepared to submit to the court a statement from your attending physician on the doctor`s letterhead certifying the illness or state of health and the need to pursue the case. An application for renewal may be made in writing or orally, depending on the circumstances. Often, at the beginning of the meeting, renewal applications are made in open court. Then, be prepared to tell the court if you are asked why you need to move forward. In many civil cases, both parties must agree on the prosecution and propose a new hearing date. This is common in divorce cases. If both parties do not agree on the new hearing date proposed in the application for an extension, the Tribunal may hear the application during the hearing of the application and then decide whether to grant the extension. If the extension is granted, the court suspends a new date. There is no specific period that must be a sequel.
As with the decision whether or not to grant an extension, it is up to the court to approve or reject the requested extension period. Common periods for case continuities are six to eight months, but this can take more or less time depending on the case. If the requesting party requests an extension, it requests that the hearing or the date of the hearing be postponed for a certain period of time. Read more: How to write a continuation request In a civil continuation, the additional time may be necessary for one of the parties involved to accurately determine the extent of the harm suffered or, in the case of a high-profile case, to manage the public before the trial they face in the case. For this reason too, criminal continuations may be granted or for reasons such as the sudden appearance of a witness with key statements in support of the prosecution or the accused. An example of a legal process related to certain waiting periods is divorce. For example, a divorced couple in California cannot finalize their divorce until at least six months have passed since the date their first petition for divorce was filed with the court.