Continuance in contemplation of dismissal

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  • (a) Prior to or at trial, upon the motion of any party and with the consent of all parties, and upon such conditions as may be agreeable to all parties, the court may, at its discretion, order that the proceeding be “continued in contemplation of dismissal”.

  • (b) A continuance in contemplation of dismissal is a continuance of the proceeding for a period not to exceed six months, with a view to ultimate dismissal of the petition in furtherance of justice. Upon the consent of the parties, the court may issue an order extending such period for such time and upon such conditions as may be agreeable to the parties.

  • (c) At any time during the period of continuance, upon the motion of any party, or upon the motion of the court, the court may restore the matter to the calendar and, upon reasonable notice to all parties, may proceed to a hearing of the petition.

  • (d) If the matter has not been so restored to the calendar and heard, at the expiration of the continuance period the petition is deemed to have been dismissed by the court in furtherance of justice.


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