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Document 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)

Document Information

Fact Name Details
Purpose The Motion for Continuance is used to request a delay in a scheduled court hearing or trial.
Governing Law In Ohio, the governing law for continuances is found in Ohio Civil Rule 53.
Filing Requirement The motion must be filed with the court and served to the other party involved in the case.
Signature The form must be signed by the person requesting the continuance, indicating their agreement to the request.
Reason for Request The individual must provide a valid reason for requesting the continuance, which will be considered by the court.
Certificate of Service A Certificate of Service must be included, confirming that the other party has received a copy of the motion.
Deadline The motion should be filed as soon as possible, ideally well before the scheduled hearing date.
Judicial Discretion The granting of a continuance is at the discretion of the judge, who will evaluate the reasons provided.

Motion For Continuance - Usage Guidelines

After completing the Motion for Continuance form, you will need to file it with the court. Ensure that you have provided all necessary information and signatures. The next steps involve submitting the form to the appropriate court and notifying the other party involved in the case.

  1. At the top of the form, fill in the case number where indicated.
  2. Write the name of the plaintiff in the designated space.
  3. Enter the name of the defendant in the appropriate section.
  4. In the first blank line, write your name as the person requesting the continuance.
  5. Fill in the date of the scheduled hearing that you are requesting to be postponed.
  6. Clearly state the reason for your request in the space provided.
  7. Sign the form in the area marked for your signature.
  8. Print your name below your signature.
  9. Provide your current address in the designated area.
  10. Enter your phone number where you can be reached.
  11. In the "CERTIFICATE OF SERVICE" section, write the name and address of the other party or their attorney.
  12. Indicate the date on which you are sending the motion in the blank provided.
  13. Finally, sign the form again at the bottom.

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Dos and Don'ts

When filling out the Motion For Continuance form, it's important to follow some guidelines to ensure your request is clear and effective. Here’s a list of things you should and shouldn’t do:

  • Do provide your full name and contact information accurately.
  • Do clearly state the date you are requesting the continuance from.
  • Do explain the reason for your request in a concise manner.
  • Do sign the form before submitting it to the court.
  • Don't leave any sections of the form blank.
  • Don't use vague language when stating 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 late; make sure to file it as soon as possible.

Common mistakes

  1. Failing to provide a clear reason for the continuance. It's important to explain why you need more time, as this can influence the court's decision.

  2. Not including the correct case number. Double-check the case number to ensure it matches the one assigned by the court.

  3. Neglecting to sign the form. An unsigned motion is typically considered incomplete and may be rejected by the court.

  4. Using an incorrect date for the hearing. Make sure the date you are requesting a continuance from is accurate and reflects the scheduled hearing.

  5. Omitting your contact information. Including your current address and phone number is essential for the court to reach you if necessary.

  6. Not sending a copy of the motion to the other party. Ensure that the other party or their attorney receives a copy of your motion, as required by court rules.

  7. Failing to meet the filing deadlines. Each court has specific timelines for submitting motions, so be aware of these to avoid delays.

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