- 1). Contact opposing counsel. This is to ascertain whether counsel will permit or oppose the request. In a criminal case, opposing counsel is the prosecutor or district attorney. Your motion will require you to affirm that you have at least attempted to contact opposing counsel.
- 2). Prepare a motion to continue. Local rules may require the use of a particular form. If not, then include in the motion the date of the currently-scheduled court appearance, the reason for the requested continuance, whether opposing counsel agrees or objects to the motion and how long of a continuance you are requesting. If you were unable to speak to opposing counsel, indicate this in the motion. Be sure to sign.
- 3). File the motion with the court. Serve opposing counsel with a copy immediately thereafter.
- 4). Contact the court in a week to learn whether the motion has been granted or denied. Filing the motion does not guarantee your court date will get rescheduled.
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