Religious Holiday

[Trying_so_hard]

Dear Soc,

We have our custody trial scheduled for October 2nd, 3rd, and 4th.  The case is in Texas.  CP and both children reside in Texas and NCP resides in Indiana.  

This trial has already been continued twice, well today was my deposition and at this deposition the opposing counsel informed us that October 2nd was not a good day for him as it was Yom Kipper and he would not be there.  

My attorney did not know right off what the exact laws were regarding religious holidays and told me he would have to look them up.  Mind you this is all stall tactics because they are wanting to postpone it as long as they can and have so far acheived that goal.

My questions are:

1)  Do you know if the opposing counsel can delay the start of the trial due to a religious holiday of his after the date has been set by the courts (over 5 weeks ago)?

2)  If you do not can you tell me where I could find this information, I tried on the internet but got no where but I am not sure what really to start the search under.


Thanks so much.

[socrateaser]

>My questions are:
>
>1)  Do you know if the opposing counsel can delay the start of
>the trial due to a religious holiday of his after the date has
>been set by the courts (over 5 weeks ago)?

Oppossing counsel can move for a continuance and you can object on grounds that a religious holiday is not good cause for delaying a trial, because it acts as an unnecessarily entanglement between government and religion.

>
>2)  If you do not can you tell me where I could find this
>information, I tried on the internet but got no where but I am
>not sure what really to start the search under.

I cannot imagine that any court rule or law would provide this as a rationale for postponment of a trial.