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Continuance Policy and Procedures
The following explanations outline the requisite steps needed to request a continuance of your case. It is recommended that these procedures be followed as quickly as possible after you are made aware that a postponement will be necessary. It should be noted that all requests for continuance must be made in writing.
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For continuance of a traffic case:
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The moving party must first contact the police officer to see if they are in agreement with having the court date rescheduled.
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If the officer is not opposed, the party must obtain the officer's next available court date. Once this information has been obtained, the party must contact the court and submit their continuance request in writing.
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This request should indicate whether the officer has consented or not, and when the officer would be available to come to court.
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If the case is continued, the moving party will be notified by telephone (if provided) or a notice of hearing.
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For continuance due to a witness:
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If you have been subpoenaed to appear as a witness and you are unavailable on the specified court date, you must first contact the party who subpoenaed you and inquire if your presence is necessary for the case to proceed.
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If your presence is required, the person who subpoenaed you should request a continuance in accordance with the policy as explained in III.
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For continuance in all other matters:
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The moving party must first contact all parties involved (this includes probation officers) to ensure that they are in agreement with the continuance.
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If there is no objection, the moving party then submits a continuance request to the court citing the reason for the request and whether consent from all other parties has been obtained.
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If there are attorneys involved in the litigation, the request must include the attorneys next available court dates.
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If the case is continued, the moving party is responsible for notifying all parties of the new court date.
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If a continuance request is received less than 7 business days prior to the court date, it is not guaranteed that it will be processed prior to the court date.
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