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When facing a court hearing, sometimes circumstances arise that necessitate a delay. In such cases, a Motion for Continuance can be an essential tool for parties involved in legal proceedings. This form serves as a formal request to postpone a scheduled hearing, allowing individuals to seek additional time for various reasons, such as needing more time to prepare or personal emergencies. The form typically includes key information, such as the case number, names of the parties involved, and the scheduled date of the hearing. It also requires the individual making the request to clearly state the reason for the continuance. After filling out the necessary details, the requester must sign the document and provide their contact information. Additionally, the form includes a Certificate of Service section, confirming that the other party or their attorney has been notified about the motion. Proper completion and submission of this form can significantly impact the outcome of a case, ensuring that all parties have adequate time to prepare.
Dos and Don'ts
When filling out the Motion For Continuance form, it’s crucial to follow certain guidelines to ensure your request is processed smoothly. Here’s a list of things you should and shouldn’t do:
- Do provide a clear reason for the continuance request.
- Do include all necessary personal information, such as your name, address, and phone number.
- Do ensure that you sign the form before submitting it.
- Do send a copy of the motion to the other party involved in the case.
- Don’t leave any sections of the form blank; fill out every required field.
- Don’t submit the form without checking for spelling or grammatical errors.
- Don’t forget to include the date you are requesting the continuance from.
- Don’t use vague language; be specific about your reasons for the request.
Document Attributes
| Fact Name | Description |
|---|---|
| Purpose | The Motion for Continuance is a formal request to postpone a scheduled court hearing, allowing parties more time to prepare or due to unforeseen circumstances. |
| Governing Law | In Ohio, the governing law for motions for continuance can be found under Ohio Rules of Civil Procedure Rule 53 and local court rules applicable in Cuyahoga County. |
| Filing Requirements | The form must include the case number, names of the parties involved, the scheduled date of the hearing, and the reason for the request. It should be signed by the requesting party. |
| Service of Notice | After filing, a copy of the motion must be sent to the other party or their attorney. This ensures that all parties are informed about the request for a continuance. |
| Timing | It is advisable to file the Motion for Continuance as soon as possible, ideally well in advance of the scheduled hearing date, to increase the likelihood of approval. |
Key takeaways
When filling out and using the Motion For Continuance form, keep the following key takeaways in mind:
- Understand the Purpose: A Motion For Continuance is a formal request to postpone a scheduled court hearing. Ensure you have valid reasons for the request.
- Complete the Form Accurately: Fill in all required fields, including case number, names of the parties involved, and the original hearing date.
- State Your Reasons Clearly: In the section provided, explain why you are requesting the continuance. Be concise but thorough.
- Sign the Document: Your signature is necessary to validate the motion. Make sure to sign it before submitting.
- Provide Your Contact Information: Include your current address and phone number. This allows the court and other parties to reach you if needed.
- Serve the Other Party: You must send a copy of the motion to the other party or their attorney. This ensures everyone is informed of the request.
- Check Deadlines: Be aware of any deadlines for submitting the motion. Timeliness is crucial to avoid complications.
- Follow Up: After submitting your motion, confirm that it has been received and inquire about the court’s decision regarding your request.
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Example - Motion For Continuance Form
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)
Detailed Instructions for Writing Motion For Continuance
After completing the Motion for Continuance form, you will need to file it with the appropriate court. Ensure that all required information is accurate and complete before submission. This form serves to formally request a delay in your scheduled hearing.
- Begin by entering the case number at the top of the form.
- Fill in the names of the plaintiff and defendant in the designated spaces.
- In the section labeled "Now comes," write your name as the person requesting the continuance.
- State the date of the hearing that you wish to postpone.
- Provide a clear reason for the request in the space provided.
- Sign the form where indicated.
- Print your name below your signature.
- Include your current address in the designated area.
- Provide a phone number where you can be reached.
- In the "Certificate of Service" section, write the name and address of the other party or their attorney.
- Indicate the date you are sending the motion in the appropriate space.
- Sign the certificate of service.
Documents used along the form
When filing a Motion for Continuance, several other documents may be necessary to support your request or to follow court procedures. Below is a list of commonly used forms that you might encounter in this process.
- Notice of Hearing: This document informs all parties involved about the date and time of the scheduled hearing. It ensures that everyone is aware of when they need to appear in court.
- Affidavit in Support of Motion: This is a sworn statement that provides additional details or evidence to justify your request for a continuance. It can strengthen your case by explaining the reasons for the delay.
- Opposition to Motion for Continuance: If the other party disagrees with your request, they may file this document. It outlines their reasons for opposing the continuance and presents their arguments against it.
- Residential Lease Agreement: For landlords and tenants in New York, using a documented lease agreement is essential. For assistance in drafting this important document, visit NY Templates.
- Proposed Order: This form suggests how the judge should rule on your motion. It outlines the specifics of what you are asking the court to approve regarding the continuance.
- Certificate of Service: This document confirms that you have sent copies of your motion and any supporting documents to the other party or their attorney. It is crucial for maintaining proper communication in legal proceedings.
Understanding these documents can help you navigate the legal process more effectively. Each form plays a role in ensuring that your request for a continuance is clearly communicated and properly documented.