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Ray, Lawyer
Category: Legal
Satisfied Customers: 41537
Experience:  30 years in civil, probate, real estate, elder law
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Fairfax county circuit court Civil Virginia Continuance I

Customer Question

Fairfax county circuit court
I have tried to get a continuance before the trial. I have been unsuccessful .
My keep witness cannot testify due to health reasons. I want to be able to appeal if I lose my case.
How and when do I ask for a continuance at trial?
Can I ask at opening remarks? Do I ask before I say anything else?
Can I ask after I have done my entire case? Ask for a continuance after everyone has testified.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. Ray here to help you today. You would want to advise the court that you need to re urge it for the record.And do so, have it overruled and note it in the record.That preserves your request for appeal here. I would also ask the court to keep the record open to allow you to add testimony by deposition for say 30 days , make the judge rule on that request here too.And note your request in the record.The court might grant this even if they don't continue it.This would allow you to add testimony to the record. You ask for the continuance here and the keeping record open as a preliminary meeting at beginning of the hearing here. I appreciate the chance to help you today.Thanks again.
Customer: replied 1 year ago.
How do I start my opening cremated and do what u said?
Expert:  Ray replied 1 year ago.
You would ask the judge to hear this as a preliminary matter.You want to raise your motion for continuance on the record again.The judge will not have a problem doing so.You just want to show lthat this is going forward under protest, that you have shown harm and witness unavailability.Also as an alternative ask to leave the record open for 30 days so the witness could be disposed or testify at a later date.Again if he rules against that ask that it be noted in the record.This shows you tried to resolve it both ways and it would be a valid point on appeal here. Thanks again.
Customer: replied 1 year ago.
Thank you. I also tried to subpoena a witness. The witness was excused but I need her. Should I raise this issue as too?
Expert:  Ray replied 1 year ago.
I would try to introduce the subpoena as part of the record to show you acted in good faith to seek continuance and produce the witness.This helps on appeal since it is clear in the record. Thanks again for the follow up and the best here.

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