Pulaski Juvenile and Domestic Relations District Court: Continuance Policy
The content of this page was provided by the Pulaski Juvenile and Domestic Relations District Court and has been posted on Virginia's Judicial System Web site as a courtesy to the Pulaski Juvenile and Domestic Relations District Court.
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Pursuant to Rule 8:14 of the Rules of the Supreme Court of Virginia, the continuance policy of the Pulaski County Juvenile and Domestic Relations District Court is that continuances shall be granted only upon a showing of good cause. Granting a continuance will be the exception, not the norm.
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This policy applies to all parties, including but not limited to, attorneys, court services, law enforcement, Commonwealth’s Attorney, plaintiffs, petitioners, defendants and respondents.
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Good cause exists when the need for a continuance is unforeseen, is not due to a lack of preparation, is brought to the Court’s attention in a timely manner and does not unduly prejudice the opposing party. Posted service may be good cause.
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- JUDICIAL APPROVAL: The Court must approve all continuances.
- All continuance requests shall be in writing using the Continuance Request Form provided by the Clerk and may be mailed, faxed or hand-delivered.
- A continuance may be granted if the Court receives the request at least seven (7) days prior to the hearing.
- Requests for continuances based upon emergencies shall be decided on a case-by-case basis.
- Requests made at the time of trial may be granted only upon a showing that to proceed with the trial would not be in the best interest of justice.
- No party shall request a continuance in excess of sixty (60) days.
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The following are illustrative only. Continuances shall not automatically be granted:
- To allow continued negotiations.
- Due to a lack of preparation.
- Where an Officer is in school and has not given adequate advance notice.
- Where any party elects to have medical care on the date of the hearing.
- Where counsel schedules a hearing in another court after the hearing is set in this court (not including mandatory appearance in superior courts).
- In order to request guardian ad litem’s or homestudies.
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The Judge and Clerk shall be responsible for the application of this policy. The moving party (not the Clerk) shall:
- Determine whether the request has been granted; and
- Notify all parties of any new trial date.
The Court encourages the use of phone conferences to resolve continuance disputes.