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Blank Motion For Continuance PDF Form

The Motion For Continuance form is a legal document used to request a postponement of a scheduled court hearing. This form allows individuals to formally present their reasons for seeking a delay, ensuring that all parties involved are informed of the request. To proceed with your request, please fill out the form by clicking the button below.

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The Motion for Continuance form is a crucial document used in civil court proceedings, particularly within the Bedford Municipal Court in Cuyahoga County, Ohio. This form allows a party involved in a case to request a delay in the scheduled hearing date. The request is made by formally addressing the court and providing a reason for the need to postpone. It is essential for the moving party to include their name, the case number, and the name of the opposing party. Additionally, the form requires the signature of the requesting party, along with their printed name, current address, and a contact phone number. This ensures that all parties can be reached for further communication. Furthermore, the form includes a Certificate of Service section, which confirms that a copy of the motion has been sent to the other party or their attorney via U.S. Mail. This step is important for maintaining transparency and fairness in the legal process. By understanding the components and purpose of the Motion for Continuance, individuals can navigate their legal obligations more effectively.

Sample - Motion For Continuance Form

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 Breakdown

Fact Name	Description
Purpose	The Motion for Continuance is used to request a delay in a scheduled court hearing.
Governing Law	In Ohio, the governing law for motions for continuance can be found in Ohio Rules of Civil Procedure, Rule 53.
Signature Requirement	The individual filing the motion must sign the document to validate the request.
Notice to Other Party	A certificate of service is required, indicating that the other party has been notified of the motion.
Reason for Request	The form requires the individual to provide a reason for the requested continuance.
Filing Deadline	It is advisable to file the motion as early as possible before the scheduled hearing date.
Contact Information	The form requires the individual to include their current address and phone number for communication purposes.

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Misconceptions

Misconceptions about the Motion For Continuance form can lead to confusion for those involved in legal proceedings. Below are ten common misconceptions along with clarifications.

The form can be submitted at any time. Many believe that the Motion for Continuance can be filed at the last minute. However, it is crucial to submit the motion as early as possible to allow the court time to consider the request.
Only defendants can file for a continuance. This is not true. Both plaintiffs and defendants have the right to request a continuance if they have valid reasons.
A continuance is guaranteed once the motion is filed. Filing a motion does not automatically grant a continuance. The court must review the reasons provided and make a decision.
All continuance requests are treated the same. Each request is evaluated on its individual merits. The judge will consider the specific circumstances surrounding each case.
The reason for the continuance must be detailed. While a brief explanation is necessary, it does not need to be overly detailed. A clear and concise reason will suffice.
Filing a motion requires an attorney. Individuals can file a Motion for Continuance without an attorney. However, legal advice can be beneficial.
The form is the same in all jurisdictions. The Motion for Continuance form may vary by jurisdiction. It is essential to use the correct form for the specific court.
The certificate of service is optional. The certificate of service is a required part of the motion. It ensures that all parties are informed of the request.
Continuances are only for emergencies. While emergencies are a valid reason, other circumstances, such as scheduling conflicts, can also justify a request for a continuance.
Once a continuance is granted, it cannot be changed. If circumstances change, a party can request a different date or further adjustments, subject to court approval.

Documents used along the form

When filing a Motion for Continuance, there are several other forms and documents that may be required or helpful in supporting your request. Understanding these documents can streamline the process and ensure that all necessary information is provided to the court.

Notice of Hearing: This document informs all parties involved about the date and time of the hearing. It is essential for ensuring that everyone is aware of the proceedings and can prepare accordingly.
Affidavit in Support of Motion: An affidavit may be required to provide sworn statements that support the reasons for requesting a continuance. This document adds credibility to your motion by detailing the circumstances necessitating the delay.
Certificate of Service: This is a confirmation that all parties have been notified of the motion and any related documents. It typically includes the names and addresses of those served and is crucial for maintaining transparency in the process.
Proposed Order: A proposed order outlines what you would like the court to grant in response to your motion. This can help the judge by clearly stating your request and the reasons behind it.
Notice to Quit: This form is critical for landlords managing tenants, as it serves as a formal notice demanding vacating of the property when necessary. For more details, refer to the California PDF Forms.
Response from Other Party: If the other party has a response to your motion, it should be filed with the court. This document can provide the judge with additional perspectives on the request for a continuance.

Each of these documents plays a vital role in the motion process. Ensuring that they are completed accurately and submitted on time can significantly impact the outcome of your request for a continuance.