Sunday, February 5, 2012

As a defendant in a case, can I file a motion for a continuance?

I am a defendant in a crimimal action. I have a civil case that is interwtined with this case, and I will be filing a appeal on the judges' ruling. Can I ask for a contuniance in the criminal action, and if so, what should I file the motion under?As a defendant in a case, can I file a motion for a continuance?They are two separate actions.



You can file a continuance, and you can most likely get one, but just so you know civil and criminal cases are never intertwined, meaning the result of one does not, in the eyes of the law have an affect on the other.As a defendant in a case, can I file a motion for a continuance?You will NOT receive a continuance in the CRIMINAL case pending the outcome of the CIVIL case. You stand a good chance of getting a continuance in the CIVIL case pending the outcome of the CRIMINAL case.

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As a defendant in a case, can I file a motion for a continuance?Generally, you can file motions to continue. You can ask to continue a hearing or a court date or a trial. However, you usually cannot file a motion to continue an appeal. Appeal deadlines are very strict. You usually have to file a "notice of appeal" within a certain time frame, then file the briefs on a date set by the Court. You may be able to continue the filing of the brief, but generally not the filing of the notice of appeal. However, criminal law is a creature of state law, so it depends on the rules of your state. You need to check with the criminal clerk of court before the deadline to ask about the possibility of filing a motion to continue. However, remember that ASKING for a continuance does not upset any filing deadlines. The judge has to actually GRANT the continuance. So good luck, and hurry!
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