COURT FOR THE COUNTY OF 
| Chapter 15: Adjournment |
A request for an adjournment must be in writing and must state: (a) which party is requesting the adjournment, (b) the reason for it, and (c) whether other adjournments have been granted in the proceeding and, if so, the number granted. MCR 2.503(B)(2).
Criminal trials take precedence over all other cases. MCL 768.2; MSA 28.1025. Adjournments, continuances or delays of criminal cases won't be granted except for good cause. A continuance should be granted where: (1) the defendant is asserting a constitutional right, (2) he has a legitimate reason for asserting his right, (3) he is not guilty of negligence, and (4) he has not caused prior adjournments. People v Charles O. Williams, 386 Mich 565 (1972). The absence of a witness or evidence and the death or change in status of an attorney will qualify as cause for an adjournment. MCR 2.503(C), (F); US v Foster, 128 F3d 949 (CA6, 1997) [continuance should have been granted to secure presence of witness where defense not given witness's grand jury testimony until six days before trial]; People v Holleman, 138 Mich App 108 (1984) [witness ill, no previous delays attributable to defense]; People v Pullins, 145 Mich App 414 (1985) [continuance to obtain alibi witness and examining physician]; People v Clarence Turner, 144 Mich App 107 (1985) [continuance to allow defendant to obtain civilian clothes].
15.1 Motion to Adjourn [Download: WP | Word | PDF]
COURT FOR THE COUNTY OF
____________________________________
PEOPLE OF THE
STATE OF MICHIGAN,
Plaintiff,
vs No. 
Hon. 
,
Defendant,
__________________________________/
The Defendant, 
, by 
attorney, asks this Court to adjourn 
trial date
of 
, pursuant to MCL 768.2; MSA 28.1025, MCR 2.503 and the following:
1. 
is requesting this adjournment because of 
.
2. This is 
request for an adjournment.
4. 
needs this adjournment because a witness is unavailable. MCR 2.503(C).
This witness will give evidence that is material. MCR 2.503(C)(2).
5. 
needs this adjournment because evidence crucial to 
defense is unavailable.
MCR 2.503(C). 
6. 
needs this adjournment to complete 
investigation.
7. 
requests that this court exercise its discretion and grant an adjournment to promote the
cause of justice. People v Charles O. Williams, 386 Mich 565 (1972); MCR 2.503(D)(1).
8. 
attorney is unable to proceed due to the following reason(s) under MCR 2.503(F).
a. 
attorney has died or is physically or mentally unable to continue to act as an attorney
for a party,
b. 
attorney has been disbarred,
c. 
attorney has been suspended,
d. 
attorney has been placed on inactive status,
e. 
attorney has resigned from active membership in the bar,
For these reasons, 
requests that this Court grant 
motion to adjourn.
Respectfully submitted,
Attorney for Defendant