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I. MOTION FOR CONTINUANCE - CIVIL SAMPLE IN THE BEDFORD MUNICIPAL COURT CUYAHOGA COUNTY OHIO Plaintiff s Name vs Defendant s Name CASE NO. JUDGE 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...
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(Applause.) Judge. (Counsel's Name). I'm going to ask for an even break in the proceedings so we can ask the attorney a couple of questions before he takes over from the person who was on the stand in the trial? Judge. (Counsel's Name). We'll follow up ... Judge. (Counsel's Name). Now, we'll let the jury return. The jury will be allowed to return now, and ... (People at the table gasp.) JURY. (Shouting.) Judge! We didn't realize the time had come! Judge. (Giggling). Yes, they are back, Jury. Go back. Thank you. (Hanging up the phone, and looking around the courtroom.) Judge. (Grunting.) We've got to get another break in the proceedings. Go back. (Hanging up the phone.) (Grunting.) I've seen enough of this case, my stomach's in knots over that. (Hanging up the phone.) (Struggling to maintain sobriety.) Go back. I've got to get a grip on this. JURY. (Crying.) Come one, we can't be here long. (Brief laughter.) We'll be back, and when they let us back in the courtroom, I'm going to ask them to be seated here now, and I'm going to say, Judge, when you go to the back of the room and you ask me to seat all these guys, I'm going to sit them here, and if you want to give any explanation for why they must sit here, you want me to tell this committee why the heck you're giving them a break and that's the last thing you'll hear from me. (Pause.) Because I'm tired of hearing that excuse. JURY. (Crying.) Thank you, thank you. (Shouting.) Judge, you're not going to let people make excuses for the defendant, are you? You're going to let me tell you the truth now, and I'm going to tell you that the prosecution is here to make an effort to convict this defendant for the death of his wife, and if it will require a death penalty trial, then I'll give you my word you will send the defendant to death. (Pause.) I will tell you that you can get a lot of information here at this trial from this woman. I'll even tell you what the evidence is that the defense has. (Pause
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Let's talk about our motion for continuance checklist, so this is your template and this is your master template which you can edit, or you can edit it once you've pulled it into a specific client so when you are considering a motion for continuance we have a reminder in here that you can assign to a paralegal or to yourself to call the court night coordinator and find out what dates are available now anytime you see this I in the blue circle that means there's additional information, and you can just cursor over it and see it, and sometimes you can't fit all the statement in the original box, so you have to move on to the rest of the sentence there so if you click on it this is what it looks like action title it's basically the initial and that can hold up in up to 255 characters or action plan where you have additional information, so you have a little hint with that blue eye that you have additional information then send a letter to posing counsel asking if they will agree to the continuance and offering specific dates that are available this is assuming you haven't already had that conversation then draft the motion for continuance include a request for attorneys fees if appropriate now it may not be appropriate why judges don't always even like to give it a continuance so if you just want one because you want one, and it's good for your case, but there's no good reason really one maybe you shouldn't be asking for one but if you still are maybe your client insists it may not be appropriate to ask for fees but let's say that there is a good reason let's say that there's a social studies psyche val being conducted, and it's not going to be done in time or somebody's going to have surgery your clients going to have surgery, and we all know they're going to be in hospital something like that then you'd want to consider asking for attorneys fees when you set the motion you definitely want to check in advance with opposing counsels schedule because you know you have an opposing counsel, and you need to check with their schedule and sometimes the clients don't like that because they think we're being too courteous, but we're really not being courteous we just need to accommodate a date where we can all be there and if you don't do that they're just going to complain and ask the judge to make you move it anyway because logistically they can't be there then set the motion with the court, and then you'll want to draft two orders it's the best practice to have an order with you a proposed order with you, and you'll want to have one that grants your motion and one that denies it they're very simple motions and the one that's granting your motion you'll want to include a place for the court to fill in the new date and time of the new hearing or trial and if you are trying to protect your record, and you may need to go in the future, and you don't know at that time right if you might need to appeal it's very important to have the denial in written form,...