Sample motion to continue trial or hearing in California criminal case
This sample motion to continue a trial or hearing in a California criminal case is used pursuant to Penal Code section 1050 on the grounds that the continuance is necessary to allow time for trial or hearing preparation, or to secure the testimony of a material witness. The sample is 14 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declarations by a defendant and counsel for defendant, and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.