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Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 23478
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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how to write up a motion of continuance of a date for trial

Customer Question

how to write up a motion of continuance of a date for trial that I am not ready for because of 2 reasons, 1st and most important, I havent retained an attorney yet. I have contacted 8 and they all said no because of the way my lawyer of 6 years made a mess out of my case. and 2, I just found out last wednesday that the court date was set. The opposing side is very eager to go to court since I have no attorney. I have to submit this to the judge today or have to be in court no matter what without representation.
Submitted: 4 years ago via LawDepot.
Category: Family Law
Expert:  Law Pro replied 4 years ago.
When is the trial date?
Customer: replied 4 years ago.
4/12/10 monday. the judge wont be in friday 4/9/10, so today is the only day i can get this to him in hopes he will sign it.
Expert:  Law Pro replied 4 years ago.
How long have you know that you were without legal representation?
Customer: replied 4 years ago.
i have only been w/o legal representation since the begining of march when i let go my attorney of 6 years. i then put in my own motion for court dates because i never knew i would have such a hard time finding someone to pick up someone else's mess(as one attorney put it) The judge sent us a letter telling us that he had very few court dates because his court reporter's husband suffered a spinal cord injury so she is will him most of the time which the location is out of town. Knowing this, I wanted to help whoever would take my old attorney's place and make sure we had a court date because of the above situation. I called a retired family court judge who is freind of the family and he said to call any family lawyer and ask them to give you a copy of the motion they would use for a continuance. He stated it would take them 5 mins and make sure they know their name will not be anywhere on the motion. However, I found that no lawyer will give this to me. I am a member of lawdepot.com so i looked there but they did not have such a document, however, the site sent me here. I need this fast because it is almost lunch here in louisiana and I have to go first to the clerks office to enter it in, then run a copy upstairs to the judges office and pray he signs it. If he doesnt then I dont know what I will do. I went once without an attorney and the other attorney killed me. I cannot do that again. The opposing attorney is definately taking advantage of the fact that I have no attorney. So i need to find some kind of motion of continuance so I can type myself one using this sample then get to the court house that is 45mins. away... please help
Customer: replied 4 years ago.
Please do you have an answer for me of where I can find this? I just got cut off our conversation some how so I hope I can get you back. This is about getting a form on how to write a motion of continuance. Thank You
Expert:  Law Pro replied 4 years ago.
ere is a whole list of sample motions for a continuance.

What your going to have to do is use bits and pieces of a few of the and give as many reasons as possible to the judge.

I'm going to give you samples in 3 parts:

When a party has not had time to prepare for trial and is not at fault, a continuance will ordinarily be granted. When a party seeks a continuance because papers or documents needed in evidence are absent, that party must show a good reason why he or she cannot produce them at the time. The party must also show that the papers or documents are not missing through his or her negligence, or that of counsel. (17 Am Jur 2d Continuance §§ 8 et seq.)




§ 7. Motion for continuance--General Form

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[Caption, Introduction, see Captions, Prayers, Etc.]

__________ [Name], __________ [plaintiff or defendant] by __________ [his or her] counsel, hereby moves the court for an order requiring that the trial of the above-entitled and numbered case, now set for __________ [date], be continued __________ [add: to __________ (date), or for not less than __________ days], on the grounds that __________ [state reasons].

This motion is based on the affidavit of __________ [name of affiant], which is attached and incorporated by reference, all the records and files in this case, and any evidence that may be produced at the hearing.

Dated __________.

[Signature]

[Attachment.]




Notes on Use:

Text Reference:

Motion for continuance. 17 Am Jur 2d Continuance § 8 et seq.




§ 8. --Complexity of case

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[Caption, Introduction, see Captions, Prayers, Etc.]

__________ [Name], __________ [plaintiff or defendant] by __________ [his or her] counsel, hereby moves the court for an order continuing the trial of the above-entitled and numbered case, set for __________ [date], until __________ [date], on the grounds that the case is complex and __________ [plaintiff's or defendant's] counsel needs additional time to prepare for trial. __________ [Specify nature of complexity, and what tasks require additional time for counsel.]

This motion is based on the affidavit of __________ [name of affiant], which is attached and incorporated by reference, all the files and records in the case, and any evidence that may be produced at the hearing.

Dated __________.

[Signature]

[Attachment.]




Notes on Use:

Text Reference:

Want of time for preparation of case as ground for continuance. 17 Am Jur 2d Continuance § 53.




§ 9. --Novel questions of fact or law--Case of first impression

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[Caption, Introduction, see Captions, Prayers, Etc.]

__________ [Name], __________ [plaintiff or defendant] by __________ [his or her] counsel, hereby moves the court for an order continuing the trial of the above-entitled and numbered case, now set for __________ [date], until __________ [date], on the grounds that the case is unusual and complex, and counsel needs additional time to prepare for trial. Novel questions of __________ [fact or law] are presented in this case by __________ [specify novel questions of fact or law], making this case one of first impression. Counsel requires additional time to __________ [specify tasks].

This motion is based on the affidavit of __________ [name of affiant], which is attached and incorporated by reference, all the files and records in the case, and any evidence that may be produced at the hearing.

Dated __________.

[Signature]

[Attachment.]




Notes on Use:

Text Reference:

Insufficient time to prepare case as ground for continuance. 17 Am Jur 2d Continuance § 53.




§ 10. Affidavit in support of motion for continuance--By party--Lack of reasonable time to prepare for trial

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[Caption, see Captions, Prayers, Etc.]

I, __________ [name of affiant], being duly sworn, state:

1. I am __________ [plaintiff or defendant] in the above-entitled and numbered action.

2. This affidavit is in support of my motion of __________ [date], for an order to continue the trial of the above-entitled and numbered action.

3. My counsel has used all due diligence in preparing the case for trial, but because of certain circumstances, my counsel does not have a reasonable time to prepare the case for trial. This problem is not due to my fault, nor that of my counsel. __________ [State circumstances showing that need for continuance is not due to neglect of counsel or party].

4. As more fully appears from my counsel's affidavit, which is attached and incorporated by reference, my counsel has informed me, and I believe, that if a continuance of this trial be granted, my counsel will be able to try it on __________ [date].

[Signature, Jurat, see Affidavits.]

[Attachment.]




Notes on Use:

Text Reference:

Lack of reasonable time to prepare for trial as ground for continuance. 17 Am Jur 2d Continuance § 53.




§ 11. ----Innocent mistake or unavoidable accident

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[Caption, see Captions, Prayers, Etc.]

I, __________ [name of affiant], being duly sworn, state:

1. I am __________ [plaintiff or defendant] in the above-entitled and numbered action.

2. This affidavit is in support of my motion for an order to continue the trial of the above entitled action.

3. Issue was joined in this action on __________ [date]. I have a valid __________ [claim or defense] in that __________ [state basis of claim or defense].

4. The following circumstances have arisen with respect to this action: __________ [state circumstances constituting innocent mistake or unavoidable accident].

5. Such circumstances could not have been prevented by ordinary prudence, nor have they arisen by the fault or negligence of myself or my counsel, in that __________ [state how the mistake or accident could not have been reasonably avoided].

6. The result of these circumstances is that __________ [specify how there is lack of sufficient time to prepare for trial].

7. If a continuance is granted to __________ [date], my counsel and I will have sufficient time to prepare for the trial in this action.

8. This continuance is asked not for the purpose of delay, but in order that justice may be done.

[Signature, Jurat, see Affidavits.]




Notes on Use:

Text Reference:

Lack of reasonable time to prepare for trial as ground for continuance. 17 Am Jur 2d Continuance § 53.




§ 12. ----Need to procure evidence

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[Caption, see Captions, Prayers, Etc.]

I, __________ [name of affiant], being duly sworn, state:

1. I am __________ [plaintiff or defendant] in the above-entitled and numbered action.

2. This affidavit is in support of my motion for an order to continue the trial of the above entitled action.

3. Issue was joined in the action on __________ [date]. I have a valid __________ [claim or defense] in that __________ [state basis of claim or defense].

4. Certain evidence material to the issues in the action has been until the present time unavailable to my counsel for the reason that __________ [state reason].

5. Such evidence, which consists of __________ [describe evidence], will be used to show the following facts: __________ [state facts expected to be proved].

6. Such evidence is necessary to my __________ [claim or defense] in that __________ [explain necessity].

7. Such evidence and facts are relevant and material to the issues of the action in that __________ [state facts showing relevance and materiality of evidence to be obtained].

8. My counsel has used due diligence in attempting to procure this evidence, in that __________ [he or she] has __________ [state facts showing diligence].

9. My counsel believes that a postponement of the action until __________ [date] will allow for a reasonable time to procure the evidence.

10. This continuance is asked not for the purpose of delay, but in order that justice may be done.

[Signature, Jurat, see Affidavits.]




Notes on Use:

Text Reference:

Lack of reasonable time to prepare for trial as ground for continuance. 17 Am Jur 2d Continuance § 53.



Expert:  Law Pro replied 4 years ago.
§ 13. ----Absence of books or documents

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[Caption, see Captions, Prayers, Etc.]

__________ [Name of affiant], being duly sworn, deposes and says:

1. I am __________ [plaintiff or defendant] in the above-entitled and numbered action. The action is at issue.

2.I have fully and fairly stated the case to __________ [name], my counsel in this action, who maintains an office at __________ [address], City of __________, County of __________, State of __________, and I have advised by my counsel that I have a valid and substantial __________ [claim or defense].

3. There are in existence certain __________ [books or documents] consisting of __________ [describe books or documents]. After fully and fairly describing to my counsel the facts which I expect to prove by the __________ [books or documents], I have been advised by my counsel that __________ [he or she] cannot safely proceed to the trial of this case without the production and examination of these __________ [books or documents].

4. These __________ [books or documents] are now, as I am informed and believe, __________ [state where and in whose custody the books of documents are believed to be, such as in the possession of the opposing party]. They are not absent due to any negligent or wilful failure on my part. As of __________ [date], the __________ [books or documents] were at __________ [specify location] and could have been produced on the trial of this action. I relied on that fact, and was not informed of their removal from that location. I did not learn of their removal until __________ [date], when it was too late to secure their return. The __________ [books or documents] contain __________ [state nature and contents of books or documents], and I expect to prove from them __________ [state facts to be proved by books or documents]. I believe I can prove such facts because __________ [state reasons].

5. I have used my best efforts to procure the presence of the __________ [books or documents] at the trial, by __________ [state efforts to obtain books or documents, such as the act of giving notice to produce the books or documents, or, if the opposing party gave assurance of their production, state that fact].

6. If a continuance of the trial of this action is granted, I will be able to produce the __________ [books or documents] by __________ [the continued trial date or next term of this court] or I will be able to prove thier contentss by the taking of depositions.

7. This continuance is sought not for purposes of delay, but so that justice may be done.

[Signiture. Jurat, see Affidavits.]




Notes on Use:

Text Reference:

Absence of documents as ground for continuance. 17 Am Jur 2d Continuance § 8 et seq.




§ 14. ----By counsel--Time needed by expert witness to prepare for trial

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[Caption, see Captions, Prayers, Etc.]

__________ [Name], counsel for __________ [plaintiff or defendant], under oath, states:

1. __________ [Name of expert witness] is a expert witness on the issue of __________ [state issue, such as: the nature of the physical injury suffered by plaintiff]. As is more fully shown in the affidavit of __________ [name of expert witness], which is attached and incorporated by reference, it is impossible for __________ [him or her] to testify on __________ [date], the date for which the trial is presently set, since __________ [he or she] will have insufficient time to prepare an expert opinion. __________ [State reasons, such as unusual or complex nature of injury]. If the trial is commenced on the above date, the rights of the [plaintiff or defendant] will be greatly prejudiced.

2. The substance of the testimony of __________ [name of expert witness] is set forth in __________ [his or her] affidavit. The testimony of this expert witness is necessary in order to __________ [state purpose of expert witness's testimony, and facts to be proved].

3. It was impossible for affiant to anticipate that this situation would arise in that __________ [state reasons]. Affiant has diligently and promptly endeavored to obtain another expert witness to testify on this issue but none is available. __________ [State efforts to obtain another witness]. Affiant does not expect to be able to obtain another such witness prior to the date this case is set for trial.

4. Either __________ [name of expert witness], or another witness to prove the facts will be available not later than __________ [(date) or the next term of this court], or an appropriate deposition will be obtained.

5. A continuance is sought not for purposes of delay, but so that justice may be done.

[Signature. Jurat, see Affidavits.]

[Attachment.]




Notes on Use:

Text Reference:

Lack of reasonable time to prepare for trial as ground for continuance. 17 Am Jur 2d Continuance § 53.




§ 15. ----Receipt of foreign depositions

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[Caption, see Captions, Prayers, Etc.]

__________ [Name of affiant], being duly sworn, deposes and says:

1. __________ [He or She] is counsel for the __________ [plaintiff or defendant] in the above-entitled and numbered action, which has been set for trial on __________ [date].

2. On __________ [date], __________ [specify order, such as: a commission] issued out of __________ [title of court] Court directed to __________ [name of notary public or other official], [a notary public or other official title] for the County of __________, State of __________ [foreign state], to take the deposition of __________ [name of witness], as a witness on behalf of __________ [name of plaintiff or defendant], __________ [plaintiff or defendant] in this action, on interrogatories and cross-interrogatories. The interrogatories and the cross-interrogatories were settled by the court on or about __________ [date], and forwarded to __________ [name of notary public or other official] with the commission for the purpose of having the deposition taken before [him or her].

3. Affiant has been informed and believes, by the statements of __________ [name of notary public or other official], and upon such information and belief alleges, that the deposition of __________ [name of witness] could not be taken before __________ [name of notary public or other official] because __________ [name of witness] was out of the state. However, __________ [name of witness] is expected to return to the City of __________, County of __________, State of __________ [foreign state], by __________ [date], and has promised __________ [name of notary public or other official] that __________ [he or she] will appear before __________ [name of notary public or other official] on __________ [date], for the purpose of giving the deposition in the above-entitled and numbered action.

4. At the time the commission was issued out of the court, affiant had been assured by __________ [name of witness] that __________ [he or she] could appear before __________ [name of notary public or other official] at or about the time set for the taking of the deposition, but affiant has been informed and believes, and alleges upon such information and belief, that __________ [name of witness] was absent because __________ [give reason for witness's absence, such as: of being called away by the illness of __________ (name and relationship to witness) in the City of __________, County of __________, State of __________] shortly before the date set for the taking of the deposition.

5. Affiant believes that [his or her] client has a valid cause of action and that the testimony of __________ [name of witness] is necessary to the establishment of the fact that __________ [set forth fact to be proved by deposition].

6. Affiant has requested __________ [opposing party], to consent to a continuance of the trial of the above-entitled matter until the deposition of __________ [name of witness] can be taken, but __________ [opposing party] refuses to do so.

7. Affiant is informed and believes, and alleges upon such information and belief, that the deposition of __________ [name of witness] can be taken on or before __________ [date].

Wherefore, affiant requests that the court grant a continuance of the trial of the action until __________ [number] days after the deposition of __________ [name of witness] is taken.

[Signature. Jurat, see Affidavits.]




Notes on Use:

Text Reference:

Absence of witnesses or evidence as ground for continuance. 17 Am Jur 2d Continuance §§ 8 et seq.




§ 16. --By intervenors--Time to obtain expert witness

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[Caption, see Captions, Prayers, Etc.]

__________ [Name of intervenor] and __________ [name of intervenor], as intervenors in this cause, depose and state:

1. This affidavit is in support of a motion for a continuance in this cause of action until __________ [date], so that intervenors will be able to make adequate preparation for trial.

2. The pendency of this action only recently came to the attention of intervenors on __________ [date].

3. The above-entitled court permitted them to intervene in this action on __________ [date], but proper presentation of their case necessitates introduction of expert testimony on their behalf on the issue of __________ [state issue]. Intervenors have diligently sought to employ such expert, but have not yet succeeded because __________ [state reasons, such as the availability of few experts in that field]. After intervenors have hired such expert, the expert will require sufficient time to make a complete study of the matter involved, and gather such data as he or she will need to testify in the case.

4. Intervenors believe that if a continuance of this trial is granted, they will have enough time to employ an expert, and the expert will have sufficient time to prepare his or her testimony.

[Signature. Jurat, see Affidavits.]




Notes on Use:

Text Reference:

Lack of reasonable time to prepare for trial as ground for continuance. 17 Am Jur 2d Continuance § 53.



2. ABSENCE OF PARTY


§ 17. Introductory comments

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The justifiable absence of a party is a good ground for the granting of a continuance but the party seeking a delay must make a clear showing of good faith and diligence. The absence may be the result of unavoidable conflicting engagements, or the illness of a party or of a member of his family. The death of a party will usually justify a continuance. (17 Am Jur 2d Continuance §§ 34 et seq.)




§ 18. Motion for continuance--Death of party

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[Caption, see Captions, Prayers, Etc.]

__________ [Name], __________ [plaintiff or defendant] in the above-entitled and numbered cause, respectfully XXXXX XXXXX court to grant a continuance of this cause, for which a date of __________ [date] is presently set, until __________ [the next term of this court or specific date], on the ground that __________ [name of plaintiff or defendant], __________ [plaintiff or defendant] in this cause, died on __________ [date], and time is needed to substitute [his or her] representatives and to permit the substituted parties to prepare for the trial of the case.

This motion is based on the records and files in this cause and on the affidavit of __________ [name], attorney for __________ [plaintiff or defendant], which is attached and incorporated by reference.

Dated __________.

[Signature]

[Attachment.]




Notes on Use:


Note: In some jurisdictions, the motion is contained in the notice of motion.
Text Reference:

Death of party as ground for continuance. 17 Am Jur 2d Continuance § 42.
Annotations:

Continuance of civil case because of illness or death of party. 68 ALR2d 470.

--Unavailability of party as ground of continuance in civil case in federal court. 4 ALR Fed 929.




§ 19. --Occupation of teacher

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[Caption, see Captions, Prayers, Etc.]

__________ [Name], __________ [plaintiff or defendant] in the above-entitled and numbered action, moves the court for a continuance in this action until __________ [date], on the ground that __________ [plaintiff or defendant] will be unable to attend the trial due to the following facts:

1. [Plaintiff or Defendant] is a teacher at __________ [name of school] School located at __________ [address], County of __________, State of __________, and is under contract to teach there until __________ [date].

2. There are no adequate substitute teachers available to take [plaintiff's or defendant's] place as teacher because __________ [state reasons].

3. It is absolutely essential for __________ [plaintiff or defendant] to be actively present in school until the end of the school term on __________ [date] because __________ [state reasons].

This motion is made and based on the notice of motion previously served and filed in this action, and on the pleadings, papers, records, and files in this action, and on the attached affidavit of __________ [plaintiff or defendant] which has been filed in this proceeding.

Dated __________.

[Signature]

[Attachment.]




Notes on Use:


Note: In some jurisdictions, the motion is contained in the notice of motion.
Text Reference:

Absence of party as ground for continuance. 17 Am Jur 2d Continuance § 34.
Annotations:

Unavailability of party as ground of continuance in civil case in federal court. 4 ALR Fed 929.




§ 20. --Serious illness of party's spouse

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[Caption, see Captions, Prayers, Etc.]

__________ [Name], one of the __________ [plaintiffs or defendants] in the above-entitled and numbered action, moves the court for an order continuing the time for hearing in the action until such date as the court may determine.

This motion is made on the grounds that:

1. __________ [Name of plaintiff or defendant], is the spouse of __________ [name of spouse].

2. __________ [Name of spouse] is confined at the present time __________ [at home or at __________ (name of hospital or other facility)] in the City of __________, County of __________, State of __________, due to __________ [state reason for confinement, such as a serious illness or injury].

3. __________ [Plaintiff or Defendant] must be present with __________ [his or her] spouse __________ [at home or at __________ (hospital or other facility)] during the time set for the hearing on __________ [date], and is thus unable to appear.

4. __________ [Plaintiff or Defendant] has been informed by __________ [name of spouse's physician], M.D., that __________ [his or her] spouse's condition will __________ [stabilize or improve] so that __________ [plaintiff or defendant] can be present at that hearing by __________ [date].

5. The affidavit of __________ [name of spouse's physician], M.D., attached and incorporated by reference, substantiates the facts set forth in this motion.

Wherefore, petitioner moves the court to extend the time for the hearing until such time as petitioner is able to appear in such action.

Dated __________.

[Signature]

[Attachment.]




Notes on Use:


Note: In some jurisdictions, the motion is contained in the notice of motion.
Text Reference:

Absence of party due to illness of relative as ground for continuance. 17 Am Jur 2d Continuance § 41.
Annotations:

Party litigant's absence in civil case because of illness of relative or member of family, as ground for continuance. 47 ALR2d 1058.

--Unavailability of party as ground of continuance in civil case in federal court. 4 ALR Fed 929.
Expert:  Law Pro replied 4 years ago.


§ 21. Affidavit in support of motion for continuance--By party--Injury preventing travel

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[Caption, see Captions, Prayers, Etc.]

__________ [Name of plaintiff or defendant], being duly sworn, deposes and says:

1. Affiant is __________ [plaintiff or defendant] in the above-entitled and numbered action.

2. On __________ [date], in the City of __________, County of __________, State of __________, where affiant is __________ [employed or state other circumstances], affiant suffered __________ [state nature of injury, including its severity that prevents travel] and is now unable to travel to the City of __________ for the trial of this action.

3. Affiant has been informed by __________ [his or her] physician that __________ [he or she] should be well and able to travel by __________ [date], as more fully appears by the affidavit of __________ [name of physician], M.D., which is attached and incorporated by reference.

Wherefore, affiant requests that the court make and enter an order continuing this action to __________ [date]..

[Signature. Jurat, see Affidavits.]

[Attachment.]




Notes on Use:

Text Reference:

Disability of party as ground for continuance. 17 Am Jur 2d Continuance § 37 et seq.
Annotations:

Continuance of civil case because of illness or death of party. 68 ALR2d 470.

--Unavailability of party as ground of continuance in civil case in federal court. 4 ALR Fed 929.




§ 22. --By counsel--Out-of-state illness of party with unique knowledge

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[Caption, see Captions, Prayers, Etc.]

__________ [Name of affiant], being duly sworn, deposes and says:

1. Affiant is counsel for __________ [name of plaintiff or defendant], __________ [plaintiff or defendant] in the above-entitled and numbered action.

2. __________ [Name of plaintiff or defendant] is now outside the state in the City of __________, County of __________, State of __________. Affiant is informed and believes, and upon such information and belief alleges, that __________ [name of plaintiff or defendant], is detained there by __________ [state nature of illness, including its severity]. __________ [Name of plaintiff or defendant] left the State of __________ [name of state in which trial is to take place] on __________ [date], before this action had been set for trial.

3. __________ [Name of plaintiff or defendant] is the only person who knows the names and locations of the witnesses necessary to be called on in __________ [his or her] behalf. The names of the witnesses have not been communicated to affiant because __________ [state reasons], and affiant has no means of procuring these witnesses without the presence of __________ [plaintiff or defendant]. Affiant has consulted with no witnesses except __________ [name of opposing party].

4. Affiant believes that __________ [name of plaintiff or defendant] has fully and fairly stated the facts constituting __________ [his or her] __________ [claim or defense] to affiant, and affiant has advised __________ [plaintiff or defendant] that __________ [he or she] has a valid case on the merits in this action.

5. This continuance is sought not for purposes of delay, but so that justice may be done.

[Signature. Jurat, see Affidavits.]




Notes on Use:

Text Reference:

Absence of party as ground for continuance. 17 Am Jur 2d Continuance §§ 8 et seq.
Annotations:

Continuance of civil case because of illness or death of party. 68 ALR2d 470.

--Unavailability of party as ground of continuance in civil case in federal court. 4 ALR Fed 929.




§ 23. ----Illness of party who is to testify

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[Caption, see Captions, Prayers, Etc.]

__________ [Name of affiant], being duly sworn, deposes and says:

1. __________ [He or She] is counsel for __________ [name of plaintiff or defendant], __________ [plaintiff or defendant] in the above-entitled and numbered action. Affiant has been informed and believes, and upon such information and belief alleges, that __________ [name of plaintiff or defendant] is ill with __________ [state nature of illness, and its severity] at __________ [name of hospital or other facility] in the City of __________, County of __________, State of __________, as more fully appears from the affidavit of __________ [name of attending physician], M.D., which is attached and incorporated by reference.

2. Affiant and __________ [name of plaintiff or defendant] were fully prepared to proceed with the trial of the action, but __________ [name of plaintiff or defendant] is a material witness in __________ [his or her] own behalf, and is prevented from testifying at the trial solely because of the illness as set forth above.

3. Affiant is informed and believes, and upon such information and belief alleges, that __________ [name of plaintiff or defendant] will be sufficiently recovered from the illness to attend the trial if it is continued until __________ [the next term of this court or specify date]. If the trial is so continued, affiant can secure the attendance and testimony of __________ [name of plaintiff or defendant] at the trial.

4. Affiant expects and believes that if __________ [name of plaintiff or defendant] is present at the continued trial of this action, __________ [name of plaintiff or defendant] will testify as follows: __________ [state substance of expected testimony, including importance or uniqueness of party's testimony]. This testimony will not be cumulative, and affiant knows of no other witness by whom the same facts could be proved.

5. This continuance is sought in good faith and not for purposes of delay.

[Signature. Jurat, see Affidavits.]

[Attachment.]




Notes on Use:

Text Reference:

Absence of party as ground for continuance. 17 Am Jur 2d Continuance §§ 8 et seq.
Annotations:

Continuance of civil case because of illness or death of party. 68 ALR2d 470.

--Unavailability of party as ground of continuance in civil case in federal court. 4 ALR Fed 929.
Customer: replied 4 years ago.

Eventhough I put in the motion for the trail date? To me it doesnt matter if I put in the motion for a trial date if I dont know when the trial date is. So can I use this as the reason why? and how do I write the motion or where can I find how to write out this motion

Expert:  Law Pro replied 4 years ago.
Yes, that you could state that although you requested trial in the matter you didn't realize that the trial date would be set so quickly and that, secondly, you would not have legal representation at this time. As such your respectfully XXXXX XXXXX continuance of the trial in this matter for 90 days to allow you to retain other counsel.

Just put in those words in along with some of the other examples I gave you - then it's up to the judge to decide.

However, since your pro se in the matter - it would be an abuse of judicial discretion NOT to give you a continuance in the matter.

Customer: replied 4 years ago.
ok now I am very confused. I dont know which one to use. I need a continuance because I dont have an attorney and was not able to get one in time also i cant represent myself because i didnt have enough time to get things together as I was just notified of the court date. this is for family court.
Expert:  Law Pro replied 4 years ago.
What you deed to do is use another motion in your case as an example for form as to the name of the court, the case number, the parties, etc.

Then use one of the examples I gave you as the body of the motion and add the part as additional numerical paragraphs about that you requested the trial date and don't have representation.

It should be very, very simple given what I have just pasted here and by using an old motion.

I can't understand what your confused about.

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