Question:

How to fax a motion for continuance in traffic court?

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hey,

my friend has a court hearing today for a speeding ticket in lower kittitas county, WA that she was given inadequate notice/time to prepare for. we called the court today to let them know we wanted to reschedule and they said we need to fax a motion for continuance to the court to be reviewed by the judge later today. i am having trouble finding a form for this and would like to know what the standards for it are/see an example if you have one? thanks!

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  1. There probably is no specific form.  Look at the notice received.  Copy the caption onto a document and under the caption write "..., the respondent, hereby request that the hearing that is scheduled for ________ be adjourned until __________, or the Court's next available date.  The reason for requesting this adjournment is because.

    Then Sign, with telephone number and address listed.  


  2. Call the court back and see if there is such a form.  Usually motions like this are prepared by a lawyer - the fee to have a lawyer prepare such a motion will be a lot more expensive that the ticket itself.........also, rarely do courts allow continuances for speeding tickets as there is really nothing to "prepare" - either you were speeding or you weren't.  

    Traffic courts want to proceed very quickly and not turn a traffic ticket into a "federal case".  For this reason, if the cop doesn't show up, you win - the cop doesn't get to file a motion for continuance.

  3. I think I would just write a message to the judge, making sure you call him/her "Your Honor," explaining the circumstances and asking for a continuance.  There is probably a form for this, but remember, judges are human, too, and a letter of explanation should take care of it.

  4. A motion for continuance is just a request to the court asking them to put off the case. Don't worry about a form or the layout - if the hearing is today speed is more important than form.

    She just needs to write a brief note asking for a delay, and explaining why, and fax it over.

    Richard

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