Monday, May 24, 2010

I need help writing a letter requesting adjournment for good cause for my Paralegal Program?

I am in a Paralegal program and I need to write a letter to a municipal court judge asking for an adjournment on a DWI case. I have all of the facts that I need, and all of the principals of law to write in my letter. I am just not sure about form the letter should be in. I am looking for help in finding the proper formating. I have the NJ rules book, but it isn't helping.





Thanks in advance.

I need help writing a letter requesting adjournment for good cause for my Paralegal Program?
I work as a paralegal and we regularly request adjournments via letter, not a motion as the other poster said.





Tell the court something like: We represent X in a DWI matter for which a hearing is scheduled before you on ______. We are writing to request that this hearing be postponed (or adjourned) for _____ (how long or give a new date). Alternatively, you could "request that the Court grant an adjournment for _____."





Tell the court whether or not you have sought or received your opponent's consent. If your opponent is opposing your request, set forth the reasons why the Court should give you an adjournment anyway.





Sign off with "respectfully submitted" rather than "very truly yours."
Reply:I guess they don't teach you much in legal writing at your paralegal program school.





You need to draft a MOTION not a letter.





You write the motion seeking an adjournment citing the rule first.





Then you do a background or facts heading.





Under that you briefly state the ultimate facts entitling the client to an adjournment.





Then you make a Issue heading.





"The issue presented in this motion is whether or not the Court should grant an adjournment. Defendant, Mr. X argues the answer is "yes" for the reasons argued below.





The next header you make is "Argument"





Under argument you write, the relevant grounds for granting an adjournment pursuant to NJ Stat. etc. (cite the statute or court rule) are as follows: List the relevant one(s) only.





The Defendant is entitled to an adjournment based upon the the holding of State v. Mr. Y, XXX NJ Super. XXXX (19XX).





In another case on point, the NJ Court of Appeals, held: "quote holding here" and then cite that case.





YOU FILL IN THE REST OF THE ARGUMENT HERE.





Next you make another heading called "Conclusion"





Based upon the foregoing facts, the rule, statute and law, the Court should grant the motion as aforepled.





Finally, you add your WHEREFORE clause.





"Wherefore the Defendant moves this Court to grant the adjournment aforepled together with such other relief as the Court finds necessary and proper in the premises.





Signed and dated.


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