Can you ask for a continuance in divorce court?

If you do not agree to the other party’s conditions or the new proposed hearing date, you must go to court to ask for a continuance. If you have time before the hearing and can make it to the courthouse, you should: File a declaration with the court asking for a continuance. It should say why you need the continuance.

What are good reasons for a continuance?

Reasons you may want to ask for a continuance include:

  • You did not get enough notice of the hearing. …
  • You need more time to hire a lawyer or apply for legal aid. …
  • You need more time to get ready to represent yourself at a hearing.
  • You need more time to get important evidence or subpoena an important witness.

Can I postpone my divorce court date?

If your court date is already scheduled, it is possible to request that this date is changed to a later date. However, in order to do this, you must offer the judge a good reason as to why you are asking for the change of date, called a continuance.

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What is a continuance in a divorce?

Most importantly, a continuance can allow you and your spouse to attempt a last-ditch mediation in order to avoid a trial altogether. A lot of times in contested and complicated divorces, a judge will order that parties attend at least one final mediation session prior to engaging in a trial.

Can you ask for a continuance the day of court?

Yes, you can call the court clerk on the day of court and ask if they will give you a continuance of your court date without requiring you to appear in court to ask the judge.

How long can you ask for a continuance in court?

The defendant wants to request a continuance of 4 weeks. A continuance of 4 weeks means that the plaintiff may not see his son for four more weeks. The court may grant the continuance if an agreement can be reached allowing the plaintiff time to see his son in the period of time before the trial.

Why would a defendant ask for a continuance?

If the prosecution announces that it will introduce new evidence or new witnesses who were previously unknown to the defense, this will be a strong basis for a continuance. The defense also may seek a continuance if it is unable to locate a witness who was expected to testify on the defendant’s behalf.

How many times can you postpone a divorce court date?

A continuance or rescheduling must be granted by the court. Generally judges are flexible when it comes to granting continuances unless it appears the other side is doing it for harassment, to cause delay or hurt the other side. You can ask the court that no further continuances be granted, but that is up to the judge.

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What is a good reason to postpone a court date?

Requesting more time to pay a ticket or prepare for a traffic court trial. If you have a traffic court date coming up and don’t think you’ll be able to make it or need more time to prepare, you might be able to postpone the date by asking for a “continuance” or “extension of time.”

How do you ask a judge to postpone court date?

If your trial is in less than 10 days:

Take your completed Form SC-150 or letter to the clerk’s office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.

Can you push back a court date?

If you want to change your court date, you must ask for a postponement (also called a “continuance”). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.

Can I get a continuance without lawyer?

Yes. You must show up in Court and ask the judge for a continuance based on the fact you are seeking out legal representation. Depending on the Judge and County you are likely to get at least one continuance to seek out counsel.

Can I get a continuance over the phone?

Automatic Continuances

You can get a first continuance by contacting the clerk’s office and requesting one. While I always fax a letter into the clerk’s office when making an official request, many clerk’s offices will continue your case if you request one over the phone.

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How do I request a continuance?

Sample Letter

Dear [Other Party] or [Their Attorney]: As I explained today, I need a continuance of the hearing on [DATE]. I am asking for a continuance because [GIVE REASON]. Please let me know by [DATE] if you will agree to a continuance.

How long can the court postpone your case?

There is no hard and fast rule set out in the US Constitution that defines how long is too long for a delay. However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant’s claim that their right to a speedy trial is being denied.

What does a continuance mean in court?

Definition. The suspension or postponement of a trial or court proceeding. Continuance is made on a case-by-case basis at the court’s discretion.

After Divorce