Requesting a Continuance

[chipmunk226]

I currently live in Maryland, but my custody order, dated 9/03, is out of Philadelphia Pa, 180 miles away. In this order I was granted the ability to move my son to Maryland with me. My son's father has filed contempt against me.

 I am scheduled to appear in court in Philadelphia for contempt of custody on May 23, 2005. I am currently 30 weeks pregnant and due to my history of preterm labor, my doctor has restricted my traveling.  I will not be able to attend this hearing and need to request a continuance.  

I do have a note on letterhead from my doctor that says "XXX XXX is under our care for pregnancy, EDD 7/2/05. She has been advised to limit her work hours to the following: No traveling to work long distances due to pregnancy effective 4/25/2005."  

My questions are:

1) What points do I need to include in my request to the judge for a continuance?

2) Is there a form, or can I just write a letter?

3) Does the letter from my doctor provide enough information, or do I need a more detailed letter?

4) On what grounds could the judge not grant my continuance?

5) Is there a possibility they could proceed with the hearing without me present?

Thank you,

EvaCollette

[socrateaser]

>My questions are:
>
>1) What points do I need to include in my request to the judge
>for a continuance?

Continuances are granted on showing of good cause. Seems like you are able make that showing.

>
>2) Is there a form, or can I just write a letter?

Every jurisdiction has different rules. I don't know about PA, but you must definitely file a motion, affidavit and order for continuance. Whether it needs to be on a court specified form, I can't tell you.

>
>3) Does the letter from my doctor provide enough information,
>or do I need a more detailed letter?

I would suggest a little more specificity regarding the problem, the risks, and when it is likely to be resolved.

>
>4) On what grounds could the judge not grant my continuance?

If the court doesn't believe you , or if you have had many prior continuances -- and a thousand othe reasons, including the inimitable "because."

>
>5) Is there a possibility they could proceed with the hearing
>without me present?

Anything's possible, so write a good motion, or hire an attorney. Here:

(the following assumes that you are Respondent -- if you are Petitioner, then edit as required; also, you must put document in proper form for your court, i.e., court name, parties, case no., title, margins, etc.)

RESPONDENT'S MOTION FOR CONTINUANCE

Comes now, Respondent, YOURNAME, in propria persona, and hereby moves, that the court continue the matter now set for hearing on ??/??/2005, until at least ??/??/2005, on grounds that Respondent may suffer serious complications to her pregnancy should she be forced to appear in court prior to her giving birth.

Respondent hereby waives oral argument on this motion, and asks that the court rule based solely upon the written pleadings of the parties.

State of Maryland, County of YOURCOUNTY) ss.

In support of this motion, I, YOURNAME, after first being duly sworn, do hereby depose and say as follows:

1. I am the respondent in the above-entitled action, and if called upon, I could competently testify to the matters set forth herein, of my own personal knowledge.

2. I am currently due to give birth on or about ??/??/2005.

3. I have a history of pre-term labor and ______________.

4. My doctor has strongly advised that I do not travel long distances or subject myself to unusual emotional or physical stresses, from now until the child is born (see Exhibit #1, doctor's note, attached).

5. For all of the forgoing reasons, I hereby request that the court continue the matter set for ??/??/2005, until no earlier than ??/??/2005, in order for me to sufficiently recover from child birth.

By: _______________
YOURNAME
STREET
CITY, STATE ZIP
CONTACTFONE

Subscribed and sworn to, before me, this ____ day of ____, 2005,

By: __________
Notary Public
My commission expires: _______

---------------------------------------------------------
ORDER ON MOTION FOR CONTINUANCE

The court hereby orders:

Judges Initials

_____ GRANTED. The hearing, previously set for ??/??/2005 is continued until __________ (date), at ________ (time).

_____ DENIED. The hearing will take place as currently scheduled.


Dated, this ______ day of ________, 2005


By: _______________
Judge of the _______ Court

[chipmunk226]

Thank you for providing a template. I think it will be helpful.  I am currently retaining a lawyer in MD, but cannot afford to retain on in PA also, so it looks like I need to do this on my own.  This will help out alot. I have a couple other  questions.

1) Do I have to send more than one copy?

2) Is there a limit as to when I can send this? How much notice should I give?

3) Must it be notorized?

Thanks again,

EvaCollette

[socrateaser]

>Thank you for providing a template. I think it will be
>helpful.  I am currently retaining a lawyer in MD, but cannot
>afford to retain on in PA also, so it looks like I need to do
>this on my own.  This will help out alot. I have a couple
>other  questions.
>
>1) Do I have to send more than one copy?

Original to the court, copy for yourself and another copy to the other party -- service by first class mail accompanied by a certificate of service, as follows:

CERTIFICATE OF SERVICE

I, SERVERSNAME, am at least 18 years of age, and not a party or attorney in this action. On, ??/??/2005, I served the following documents:

RESPONDENT'S MOTION FOR CONTINUANCE

by placing them along with a copy of this certificate of service, in a properly addressed and stamped envelope, and sending them by U.S. Mail to:

OTHERPARTY
STREET
CITY, STATE ZIP

Dated, this ____ day of _____, 2005


By: ____________
SERVERNAME
STREET
CITY, STATE ZIP


PS. If the other party is represented by an attorney for the upcoming hearing, then service should be on the attorney, and not the party.


>2) Is there a limit as to when I can send this? How much
>notice should I give?

Usually, motions like this need 15-21 days. So do it soon.

>
>3) Must it be notorized?

They way I wrote it, yes.

[TPK]

Some states do allow for electronic testimony via phone. I had this option for a NY hearing and they allowed it. Hearing was then withdrawn so I never had to use it.

Not sure if all states have this option, it might be something that you should inquire about.

Good luck.

TPK

[socrateaser]

.

[chipmunk226]

Thanks again, I really appreciate your help.  Hopefully this will be the last question ;c)

1) Do you know if this form is anywhere online or where I can find out what the margins would be?  I have done some searches that have lead nowhere.

Thanks again!

EvaCollette  

[socrateaser]

>Thanks again, I really appreciate your help.  Hopefully this
>will be the last question ;c)
>
>1) Do you know if this form is anywhere online or where I can
>find out what the margins would be?  I have done some searches
>that have lead nowhere.

Just duplicate the format of the contempt motion that you were served with. That motion should have the name of the court, the proper party designations, the case number, margins, font size, etc.

Most word processors have legal templates that will number the left side of the page, and set the margins and caption positions for you. So all you should need to do is copy and paste my text into the template.