Full Answer
In other words if you or your attorney are requesting the postponements, you can't later claim your right to a speedy trial. However, if the prosecutor keeps asking for continuances, at some point you and your attorney have the right to demand trial or dismissal. There is no definite rule on how many times a court can postpone a case.
Defendants who have not secured counsel may ask for a postponement to give them time to hire a lawyer. These requests are usually granted, but not indefinitely.
However, if the prosecutor keeps asking for continuances, at some point you and your attorney have the right to demand trial or dismissal. There is no definite rule on how many times a court can postpone a case.
Due to court congestion and the unavailability of witnesses, it is very common to see cases continued multiple times. Your son's attorney should be objecting to the continuances. A simple "please note my objection for the record" is adequate; I wouldn't expect him to be argumentative.
As Mr. Nachbar indicated, it is not unusual for the courts to continue trials in the middle of the case. sometimes courts have cases with higher priorities that they have to address. However, there seems to be other issue involved in your case in addition to the court's schecule.
It is not uncommon for trials to be adjourned, especially in Hudson County. The Court may be manadating that a mediation session take place. I would discuss your concerns with your attorney.
A case may be postponed as many times as the court deems it to be necessary. As long as there is an acceptable reason to grant a continuance, the court may grant it and prolong a legal proceeding.
This could be because a judge or prosecutor is ill, because the evidence provided has been found to be false, or because one or more proper court procedures, such as filing case-related documents by their deadline, have not occurred. A case may be postponed as many times as the court deems it to be necessary.
Common lengths of time for case continuances are six to eight months, but it may take longer or shorter, depending on the case.
If both parties do not agree to the new court date proposed in the Motion to Continue, the court may hear the motion during the motion hearing, then rule on whether to grant the continuance. If the continuance is granted, the court issues a new date.
Generally, courts are more reluctant to grant continuances in criminal cases than in civil cases because the Sixth Amendment to the United States Constitution grants individuals facing criminal charges the right to a speedy trial. In a civil case, there is no similar right, as the outcome of a civil case is typically compensation for the injured party, rather than justice for a victim or an accused defendant.
When the court receives a Motion to Continue, it may, at its discretion, approve or deny the motion. Typically, the court approves motions that cite valid reasons for pursuing continuance. A Motion to Continue has three parts: the Motion, the Memorandum of Points and Authorities and the Declaration.
California law states that an individual facing a felony charge must be tried within 60 days of his arraignment unless his attorney can provide a good reason to delay the trial. Cases involving special victims like minors and the elderly must be tried within 30 days of arraignment.
If the reason you cannot attend is an appropriate basis for a continuance, the court will inform you what forms or motions must be filed with the court.
If you desire a postponement of the date because you simply need more time, you can opt to attend and ask the judge for more time on that date. Check in with the judge’s clerk when you arrive. Tell them what case you are there for and that you would like to ask the judge for a continuance.
1. Contact the court. Call or visit the clerk’s office of the court that is handling your case and explain why you cannot attend the scheduled date. The clerk will inform you how continuances are handled in that state, county, or city.
Failure to be present if you have not received a continuance can result in extremely negative consequences including money penalties, loss of rights, and even incarceration. Be sure to confirm that your court date has in fact been confirmed before deciding not to attend the original date.
If that information is not readily identifiable, the court clerk’s office can provide that information to you.
[1] For instance, in most civil cases in Illinois, to change a court date, you will be required to file a motion to continue.
For instance, in most civil cases in Illinois, to change a court date, you will be required to file a motion to continue. Some common reasons that form the basis of that motion are because you cannot be present because you will be out of town, in the hospital, or incarcerated.
If the defendant needs to find another lawyer, a court could also give the defendant a reasonable amount of time to secure a new attorney. To deal with adverse pretrial publicity. Occasionally, defendants will ask for a continuance on the grounds of prejudicial publicity.
When that happens, the defense may ask for a continuance to locate that witness. Again, however, the defense will have to convince the court that the witness’s testimony is important and will have to show that the defense used due diligence in trying to secure the witness’s appearance in the first place.
Questions for Your Attorney 1 I’ve waived time and need more time to prepare my case. What do I have to tell the judge to get the trial date pushed back? 2 If the prosecutor asks for a continuance and gets it, can I challenge the delay by filing a writ in the appellate court? 3 I’d like to hire new counsel because I think the one I have is not doing a good job. What do I have to tell the judge to get time for finding a new lawyer?
To prepare for trial. States typically provide defendants with a minimum amount of time between entering the plea and going to trial. But a defendant has a right to adequately prepare defense (which includes the right of counsel to prepare).
In spite of this general approach, both the defense and the prosecution in a criminal case (and the court, on its own motion) may ask for and obtain a continuance, beginning with the defendant’s first appearance, which is typically the arraignment (where the defendant is appraised of the charges and asked how he wishes to plead).
Typical Reasons Why Defendants Ask for Continuances. Judges are often asked to continue a hearing or a trial for these reasons: At the arraignment, to secure counsel. An arrestee’s first court appearance is often the arraignment, when the judge reads the charges and asks for a plea.
Criminal cases must be heard and determined “at the earliest possible time,” and the proceedings expedited “to the greatest degree consistent with the ends of justice.” (Cal. Penal Code § 1050 (a).) California Rules of Court, Rule 4.113 states that motions to continue criminal trials are downright “disfavored.”.
If you need to postpone a deposition, you normally just call opposing counsel and ask to postpone it. Assuming you are both decent human beings, there haven't been an undue number of postponements, and it is possible to reschedule, then normally both sides will agree.
Originally Answered: What are the rules around cancelling/postponing a depostion? There are no specific rules. Cancelling is rare, postponing is common. Depositions only get canceled completely if the person no longer needs to be questioned, that normally would only happen if the case settles.
A typical deposition is going to implicate at least three sets of schedules: that of the witness, that of the attorney presenting the witness, and that of the attorney that noticed the deposition.
The deponent and his/her attorney; A representative of the other side and his/her attorney; A court reporter. If the deponent doesn’t speak the language, a certified interpreter might also be present. Sometimes the other side doesn’t send a representative and only that attorney is present. 43 views.
In both criminal and civil cases witnesses can and usually are questioned before the case goes to court. Unless you are counting the victims statement as a deposition I don't believe there is a formal deposition of victims nor criminal before trial. As depositions can be introduced in court. Related Answer.
Common sense guides these situations. You can't take a deposition without a witness, supra, but not every deposition is "make or break" for a case, so when a lead attorney has an emergency, it is often possible (although not always) to send a partner/associate in their place rather than rescheduling.
Your lawyer also has the right to question your opponent. After the depositions you, your opponent and the lawyers can get together to see if a settlement can be worked out. If not then you go to court. In both criminal and civil cases witnesses can and usually are questioned before the case goes to court.
My ex-wife is collecting support and my lawyer has appealed it. The court hearing has been postponed 3 times. Is there a time limit on how long this can drag out?
It is within the discretion of the court to determine whether or not to grant a continuance and the number of times to grant a continuance. The judge won't allow this to continue indefinitely and the judge considers the reason for a continuance. whether or not there is a valid reason.