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re-scheduling court dates

Started by littlebit, Apr 12, 2005, 08:24:29 AM

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littlebit

Filing date for change of custody and contempt was 02/04.  Court date was set for 07/04.  Evaluation was ordered and court was re-scheduled for 01/05.  Evaluation was not done, so court was moved to 06/05.  As of yesterday, Judge has a scheduling conflict, and the date is now 05/05.  (Yes, moved backward this time!  WooHoo!)

I don't even have much confidence that it will happen in May, because BM is notorious for postponning as long as possible.

Is there any limits on how many times the date can be changed?  Does it make a difference if the re-scheduling is due to the court processes (as stated above), or if it is due to one of the parties...such as BM having a last minute emergency.

MixedBag

There's no limit -- but behind every change there has to be a judge approved valid reason.

Our attorney said that it is "normal" practice for the judge to grant one delay per side particularly in the beginning of the process and the reason doesn't have to be real good.

Once I had a court date for say Jan 15th.  Then the court wrote and changed the date to Jan 21st.  I called the courthouse and said "I have a problem with the new court date for Jan 21st because of "blah blah blah".  She said "Well, that's not a good enough reason for us to change the court date."  I said "Well, I was initially given Jan 15th so I made PLANS for the 21st.  You changed it to a date that wasn't agreeable with me.  The 15th was fine."  She changed the date.....

Lawmoe

It can be postponed so long as the court finds it reasonable. At this point, there is not a great likelihood it will be postponed again. The fact that the date was moved up seems to indicate that the court wants this resolved. Certainly, any request for a contimuance must be timely and be made as soon after the new date is scheduled as possible. If it is not, you can contest any such request --usually successfully.