Motion To Reschedule Hearing (Page 3 of 3) in pdf

DISCLAIMER AND RECOMMENDATIONS FOR USE

The form Motion To Reschedule Hearing is provided by the Bingham County Prosecuting

Attorney’s Office in an effort to assist pro se defendants to ask the court to reschedule a

hearing in criminal matters. It is the sole responsibility of any person using or relying

upon this form to know and understand the law and the appropriate criminal procedures

for requesting that a court reschedule a hearing. Although precautions have been made to

ensure the completeness of the form and the information accompanying it, any person

using or relying upon this form shall be doing so at their own risk. It is recommended that

a defendant consult an attorney if they have any questions or do not fully understand the

legal requirements surrounding a request to reschedule a hearing.

A request to reschedule a court hearing is called either a “motion to reschedule” or a “motion to

continue.”

The prosecutor’s office cannot grant a continuance. Neither can the clerk’s office. The

presiding judge must approve the rescheduling of the hearing.

Continuances are addressed in Idaho Criminal Rules 12 and 27, Idaho Misdemeanor Rules 3.1

and 6, and Idaho Infraction Rules 6 and 7.1. The motion must be filed with the magistrate

clerk’s office and a copy of the motion delivered to the prosecutor’s office. Idaho Criminal

Rule 46 states that motions must be filed with the clerk’s office “not later than seven (7) days

before the time specified for the hearing, unless a different time is fixed by rule or by order of

the court.”

A motion to continue needs to be scheduled to be heard by the presiding judge prior to the time

set for the hearing that is desired to be continued. The magistrate court clerk’s office should be

contacted to obtain a time when the motion to reschedule can be heard by the court. Once a time

is obtained, an appropriate notice of hearing form needs to be filed with the court and a copy

provided to the prosecutor’s office. There is a notice of hearing form and recommendations

regarding hearing notices and scheduling motions elsewhere on the Bingham County

Prosecuting Attorney’s web site.

If an emergency exists and the defendant cannot file the motion seven days prior to the date of

the hearing, the prosecutor’s office should be contacted. If the prosecutor handling the case is

willing to have the requested hearing rescheduled, the prosecutor can recommend a course of

action for having the court address the defendant’s need to reschedule their hearing.

Failure of the defendant to appear at a scheduled hearing can result in adverse consequences to

the defendant. In misdemeanors, failure to appear may be grounds for issuance of a warrant of

arrest for a defendant and will usually result in an additional misdemeanor charge being filed

against the defendant of Failure To Appear. In an infraction case, the defendant’s failure to

appear for the hearing will result in a judgment of guilt being entered against the defendant,

known as a default judgment.

MOTION TO RESCHEDULE HEARING

Motion To Reschedule Hearing Page 3