1 Any Attorney or Defendant

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Defendant

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8 Superior Court of the State of California

9 For the County of _________________

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11 The People of the State of California, ) Case No.
)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR
) CONTINUANCE OF TRIAL OR HEARING;
13 vs. ) MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF ________;
14 Any Defendant ) EXHIBITS
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
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)
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NOTICE OF MOTION AND MOTION FOR CONTINUANCE OF TRIAL OR HEARING
1 Be sure to remove this notice and all other notices before
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using this document.
4 TO THE DISTRICT ATTORNEY OF THE COUNTY OF ____________________:
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PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as
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the matter may be heard in Department ___of the above entitled court, located at

8 ____________________________________________, Defendant __________ will and hereby

9 does move this Court pursuant to Penal Code § 1050, et seq. to continue the LIST HERE TYPE OF
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HEARING OR TRIAL currently scheduled for LIST CURRENT DATE OF HEARING OR
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TRIAL until LIST THE DATE THAT YOU WISH THE HEARING OR TRIAL TO BE
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CONTINUED TO. This motion is made on the grounds that a continuance is necessary in that LIST
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14 HERE THE SPECIFIC FACTS AND REASONS FOR THE CONTINUANCE SUCH AS

15 NEWLY RETAINED COUNSEL NEEDS TIME TO PREPARE FOR THE HEARING OR
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TRIAL, TIME TO SECURE THE TESTIMONY OF A WITNESS, ETC .
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This motion is based on the declaration(s) of LIST NAME OF PERSON(S) SIGNING
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DECLARATION and exhibits attached thereto, the supporting memorandum served and filed with
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20 this motion, the records and file in this matter, and on such other oral and documentary evidence as

21 may be presented at the hearing of this motion.
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Be sure to modify these paragraphs to suit your individual
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24 situation. Do NOT just use the wording here unless it definitely applies
25
to your particular situation. Note that you MUST serve and file this
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27 motion at least two (2) Court days before the trial or hearing or make a
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NOTICE OF MOTION AND MOTION FOR CONTINUANCE OF TRIAL OR HEARING
1 strong showing of good cause why you could not give proper notice, see
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Penal Code § 1050(d).
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Dated________________ _______________________________________________
ANY ATTORNEY OR DEFENDANT
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NOTICE OF MOTION AND MOTION FOR CONTINUANCE OF TRIAL OR HEARING
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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INTRODUCTION
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On _____________, LIST DETAILS OF THE CASE SUCH AS CHARGES, HEARING
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OR TRIAL DATE.

7 Defendant contends that the hearing or trial currently schedule for ____________should be

8 continued until on the grounds that a continuance is necessary in that LIST HERE THE SPECIFIC
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FACTS AND REASONS FOR THE CONTINUANCE SUCH AS NEWLY RETAINED
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COUNSEL NEEDS TIME TO PREPARE FOR THE HEARING OR TRIAL, TIME TO
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SECURE THE TESTIMONY OF A WITNESS, ETC. See the declaration(s) of ________ and
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13 exhibits attached thereto, concurrently filed and served herewith and incorporated herein by

14 reference.
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continue-trial-or-hearing-in-california-criminal-case
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NOTICE OF MOTION AND MOTION FOR CONTINUANCE OF TRIAL OR HEARING