Content Overview
In the realm of civil litigation, the Motion for Continuance serves as a crucial tool for parties seeking to postpone a scheduled hearing. This form is commonly utilized in various courts, including the Bedford Municipal Court in Cuyahoga County, Ohio. It allows a party—whether the plaintiff or defendant—to formally request a delay in proceedings for valid reasons. The form typically includes essential details such as the case number, the names of the parties involved, and the specific date of the hearing that is being postponed. Additionally, the individual filing the motion must provide a clear explanation for the request, which can range from scheduling conflicts to the need for more time to prepare. The Motion for Continuance also requires the signature of the requesting party, along with their printed name, current address, and phone number for communication purposes. Importantly, the form includes a Certificate of Service section, ensuring that all involved parties are notified of the motion through regular U.S. Mail. This procedural aspect underscores the importance of transparency and communication in the legal process.
Key takeaways
When filling out and using the Motion For Continuance form, keep these key takeaways in mind:
- Clearly state your name and the case number at the top of the form.
- Indicate the date of the scheduled hearing from which you are requesting a continuance.
- Provide a specific reason for the continuance request; be concise and relevant.
- Sign the form to validate your request; a signature is essential.
- Print your name below your signature for clarity.
- Include your current address and phone number to ensure the court can contact you.
- Make sure to send a copy of the motion to the other party or their attorney.
- Use regular U.S. Mail for service of the motion; ensure postage is prepaid.
- Include the date you are sending the motion in the certificate of service section.
- Review the completed form for any errors before submission to avoid delays.
Guide to Writing Motion For Continuance
After you complete the Motion for Continuance form, you will need to file it with the appropriate court. Ensure you keep a copy for your records. It’s essential to follow any specific filing procedures required by the court, including deadlines and service requirements.
- Case Information: At the top of the form, fill in the case number. This is usually assigned by the court and can be found on any previous court documents related to your case.
- Plaintiff's Name: Write the name of the plaintiff in the case. This is the person or entity that initiated the lawsuit.
- Defendant's Name: Enter your name as the defendant in the case. This is the person or entity being accused or sued.
- Your Name: In the section that begins with "Now comes," write your full name. This identifies you as the person making the motion.
- Date of Hearing: Indicate the date of the hearing you are requesting a continuance from. Be sure to double-check this date for accuracy.
- Reason for Request: Provide a clear and concise reason for requesting the continuance. This could be due to scheduling conflicts, the need for more time to prepare, or other valid reasons.
- Your Signature: Sign the form where indicated. This confirms that you are officially making the request.
- Your Printed Name: Below your signature, print your name clearly. This makes it easy for the court to read your name.
- Your Current Address: Fill in your current address. This is important for any correspondence related to your case.
- Your Phone Number: Provide a phone number where you can be reached. This allows the court or other parties to contact you if necessary.
- Certificate of Service: Fill in the name and address of the other party or their attorney. This shows that you have sent them a copy of your motion.
- Date of Service: Write the date you are sending the motion. This is important for record-keeping and deadlines.
- Your Signature Again: Sign the certificate of service to confirm that you have sent the document to the other party.
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Form Preview Example
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)
Documents used along the form
When filing a Motion for Continuance, several other documents may be necessary to support the request or to comply with court procedures. Each of these documents serves a specific purpose and helps ensure that the motion is properly considered by the court.
- Notice of Motion: This document informs all parties involved in the case that a motion has been filed. It typically includes details about the motion and the date it will be heard.
- Affidavit in Support of Motion: This is a sworn statement that provides evidence or reasons for the request for a continuance. It may include personal circumstances or other relevant information.
- Certificate of Service: This document confirms that the motion and any supporting documents have been properly delivered to all parties involved in the case. It is essential for ensuring that everyone is informed.
- Proposed Order: This is a draft of the order that the court would sign if it grants the motion. It outlines the new dates or deadlines that would apply if the continuance is approved.
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- Response to Opposition: If any party opposes the motion for continuance, a response may be necessary. This document addresses the opposition's arguments and reaffirms the need for a continuance.
- Case Management Statement: This document outlines the current status of the case, including deadlines and any prior continuances. It provides context for the request and helps the court understand the case's timeline.
- Motion to Compel: If the continuance is sought due to non-compliance by another party, this motion may be filed to compel them to provide necessary documents or information.
- Settlement Agreement: If the parties are negotiating a settlement, this document may be submitted to the court to show that discussions are ongoing and that a continuance is warranted.
Each of these documents plays a role in the legal process surrounding a Motion for Continuance. Properly preparing and submitting them can help facilitate the court's decision and ensure that all parties are adequately informed.