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Author Topic: Can I ask for a continuance?  (Read 3550 times)

2weary

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Can I ask for a continuance?
« on: Jan 07, 2008, 10:30:12 AM »
I just received a notice of hearing from the Prosecutors Office in regards to my support modification (the state is representing my children since their mother has been on state assistance for the last 10 years.)

It has been 11 months since the petition was originally submitted and the hearing has finally been scheduled for the end of the month. Unfortunately - not only am taking a long-planned for (and already paid in full) vacation during the hearing, but I am going to be ON THE PLANE when the hearing is scheduled.

I am representing myself. I live in another state than my children, which means that I must handle all of this via mail, email or fax. How should I proceed? Do I send a fax to the Prosecuting Attorney asking for a continuance? Do I need to explain why - and will they allow the continuance?


MixedBag

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RE: Can I ask for a continuance?
« Reply #1 on: Jan 08, 2008, 04:52:14 AM »
None of us are attorneys here much less versed on procedures of Family Court in your state.

HOWEVER,  I would suggest you do a "Motion for Continuance"

Now -- what's that?

When you talk to the court, everything is in the form of a "Motion" -- not just a letter.

Do this sooner vs. later, like don't procrastinate.  One of the rules of family court MAY BE that court dates can't be changed if you get too close to the hearing (like 10 or 7 days).  Since you don't know the rules, do it sooner vs. later.

Format your motion (translation request) similarly to other court documents/orders you already have.

Write it up (typing), and then have your signature notorized.

Send it priority confirmed delivery (my preference), to both the clerk of courts where court is AND to the opposing council (prosecutor's office).  Track it's arrival on-line.  

Then start calling the judge's clerk's office or the judge's secretary to see IF he/she granted a continuance.

In your reason, respectfully request a continuance due to an upcoming vacation which was purchased XXX months ago, and can not be refunded.

AND last but not least -- even if this hearing is in another state, PLAN on being there when it is rescheduled.  AND Plan on being there this time IF your motion (request) is denied.  No kidding.....you need to be there.

Remember, I'm not an attorney.....I don't know your family court's rules in terms of procedures, nor your state's laws.....but that's a general outline of what I'd recommend you do.

 

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