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In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to ...
A continuance (a rescheduling of a court hearing at a later date) of a civil action may be granted due to the absence of documents or papers. The party failing to produce the documents requested by a subpoena duces tecum must show good reason why there was a failure to do so.
A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. [1] The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone proceedings ...
However, if the trial judge determines that the "ends of justice" served by a continuance outweigh the interest of the public and the defendant in a speedy trial, the delay occasioned by such continuance is excluded from the Act's time limits. [13] The judge must set forth, orally or in writing, his or her reasons for granting the continuance. [14]
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Beginning June 8, 2010, Judge Martin Feldman of the U.S. District Court in the Eastern District of Louisiana began ruling on motions in the case. Prior to June 22, Judge Feldman issued several orders to expedite the case (i.e. moving a hearing date from July 28 to June 21 and denying the government's request for a continuance).
The merits hearing may be a matter of days or perhaps even more than a year later, depending on the type of relief requested and the particular court's docket. However, if the only form of relief from removal available or requested is voluntary departure, the immigration judge will most often grant or deny the respondent's request for voluntary ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...