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Sample Motion To Continue Trial or Hearing in California Criminal Case
Sample Motion To Continue Trial or Hearing in California Criminal Case
Sample Motion To Continue Trial or Hearing in California Criminal Case
Any Street
2 Any Town, CA 55555
3 714-555-5555
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NOTICE OF MOTION AND MOTION FOR CONTINUANCE OF TRIAL OR HEARING
1 Be sure to remove this notice and all other notices before
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using this document.
4 TO THE DISTRICT ATTORNEY OF THE COUNTY OF ____________________:
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PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as
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the matter may be heard in Department ___of the above entitled court, located at
9 does move this Court pursuant to Penal Code 1050, et seq. to continue the LIST HERE TYPE OF
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HEARING OR TRIAL currently scheduled for LIST CURRENT DATE OF HEARING OR
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TRIAL until LIST THE DATE THAT YOU WISH THE HEARING OR TRIAL TO BE
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CONTINUED TO. This motion is made on the grounds that a continuance is necessary in that LIST
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14 HERE THE SPECIFIC FACTS AND REASONS FOR THE CONTINUANCE SUCH AS
20 this motion, the records and file in this matter, and on such other oral and documentary evidence as
24 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation. Note that you MUST serve and file this
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27 motion at least two (2) Court days before the trial or hearing or make a
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NOTICE OF MOTION AND MOTION FOR CONTINUANCE OF TRIAL OR HEARING
1 strong showing of good cause why you could not give proper notice, see
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Penal Code 1050(d).
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Dated________________ _______________________________________________
ANY ATTORNEY OR DEFENDANT
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NOTICE OF MOTION AND MOTION FOR CONTINUANCE OF TRIAL OR HEARING
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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INTRODUCTION
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On _____________, LIST DETAILS OF THE CASE SUCH AS CHARGES, HEARING
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OR TRIAL DATE.
7 Defendant contends that the hearing or trial currently schedule for ____________should be
8 continued until on the grounds that a continuance is necessary in that LIST HERE THE SPECIFIC
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FACTS AND REASONS FOR THE CONTINUANCE SUCH AS NEWLY RETAINED
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COUNSEL NEEDS TIME TO PREPARE FOR THE HEARING OR TRIAL, TIME TO
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SECURE THE TESTIMONY OF A WITNESS, ETC. See the declaration(s) of ________ and
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13 exhibits attached thereto, concurrently filed and served herewith and incorporated herein by
14 reference.
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continue-trial-or-hearing-in-california-criminal-case
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NOTICE OF MOTION AND MOTION FOR CONTINUANCE OF TRIAL OR HEARING