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When facing a court date that may not be feasible due to unforeseen circumstances, a Motion for Continuance can be a vital tool. This form is designed for individuals involved in civil cases, allowing them to request a postponement of a scheduled hearing. The form requires essential information, including the case number, names of the parties involved, and the judge presiding over the case. A clear explanation for the request must be provided, ensuring the court understands the reason for the delay. Additionally, the form includes sections for personal details such as your name, current address, and phone number, which are crucial for maintaining communication. After filling out the motion, you must also certify that a copy has been sent to the other party or their attorney, demonstrating your commitment to transparency and fairness in the legal process. Completing this form accurately can significantly impact your case, making it essential to understand its components and purpose.

Dos and Don'ts

When filling out the Motion For Continuance form, it is important to follow specific guidelines to ensure your request is properly submitted. Below is a list of things to do and not to do.

  • Do clearly state your name and the case number at the top of the form.
  • Do specify the date of the hearing you are requesting to continue.
  • Do provide a valid reason for the continuance request.
  • Do sign the form before submitting it.
  • Do include your current address and phone number for contact purposes.
  • Don't leave any sections of the form blank; complete all required fields.
  • Don't use vague language when explaining your reason for the continuance.
  • Don't forget to send a copy of the motion to the other party or their attorney.
  • Don't submit the form without checking for spelling and grammatical errors.

Motion For Continuance Sample

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)

Listed Questions and Answers

  1. What is a Motion for Continuance?

    A Motion for Continuance is a formal request made to a court to postpone a scheduled hearing or trial. It allows a party involved in a case to ask for more time, usually due to valid reasons such as scheduling conflicts, the need for additional evidence, or personal emergencies.

  2. When should I file a Motion for Continuance?

    You should file a Motion for Continuance as soon as you become aware that you cannot attend the scheduled hearing. Ideally, this should be done well in advance of the hearing date. Last-minute requests may not be granted unless there are exceptional circumstances.

  3. What information do I need to include in my Motion for Continuance?

    Your Motion for Continuance should include:

    • Your name and contact information
    • The case number and names of the parties involved
    • The date of the originally scheduled hearing
    • The reason for the request
  4. Do I need to provide a reason for my request?

    Yes, you must provide a valid reason for requesting a continuance. The court needs to understand why you cannot attend the hearing as scheduled. Acceptable reasons may include illness, scheduling conflicts, or the need for more time to prepare your case.

  5. How do I submit the Motion for Continuance?

    You can submit the Motion for Continuance by filing it with the court clerk. It is also important to serve a copy of the motion to the other party or their attorney, ensuring they are aware of your request.

  6. Is there a fee associated with filing a Motion for Continuance?

    Generally, there is no fee for filing a Motion for Continuance itself. However, check with your local court, as policies may vary. Be aware that some courts may have specific rules about fees related to other motions or filings.

  7. What happens after I file the Motion for Continuance?

    Once you file the motion, the court will review your request. A hearing may be scheduled to discuss the motion, or the judge may decide based on the written request alone. You will be notified of the court's decision.

  8. Can the other party oppose my Motion for Continuance?

    Yes, the other party can oppose your Motion for Continuance. They may file a response or appear at any hearing related to your request. The judge will consider both sides before making a decision.

  9. What should I do if my Motion for Continuance is denied?

    If your motion is denied, you are expected to attend the hearing as originally scheduled. It is advisable to prepare your case to the best of your ability, even if you feel unprepared due to the denial.

  10. Can I file multiple Motions for Continuance?

    While you can file multiple motions, frequent requests for continuance may be viewed unfavorably by the court. Each request should be justified with valid reasons to increase the chances of approval.

Form Overview

Fact Name Description
Purpose The Motion for Continuance requests a delay in a scheduled court hearing.
Governing Law In Ohio, the governing law for motions for continuance can be found in Ohio Civil Rule 53.
Filing Requirement The motion must be filed with the court before the scheduled hearing date.
Signature Requirement The form must be signed by the individual requesting the continuance.
Reason for Request A valid reason for the request must be provided in the form.
Service of Motion A copy of the motion must be sent to the other party or their attorney.
Certificate of Service A Certificate of Service confirms that the motion was sent to the other party.
Deadline for Filing Filing deadlines may vary; it is advisable to check local court rules.