Monday, December 12, 2011

Can a respondent's attorney request a continuation before the original scheduled court date?

I am the petitioner. I filed a modification in this case. I recieved a date on the court's schedule for May 1st. On April 27th the respondent's attorney called me and told me that he had gone to court that morning and was granted a continuance. How is that possible without my consent?|||It is possible and common to get a continuance without the consent of the other side. What should not be possible, however, is for the attorney for one side to go into court to ask for such a continuance without first giving notice to the other side that he intends to do so, and when he will do so. If the date is no good for you, you should tell the court that the request was made without notice to you, and request a new hearing to reschedule.|||Yes they can, and no you don't have to consent, you can even object to a continuance but if they judge rules on it. Of course never believe anyone verbally, they may lie to you to make you miss the court date.|||Yes, a respondent and their attorney can request a continuance! It is possible contingent upon the Judge and possibly the State that has jurisdication!|||Yes. The Court assigned you the first date--May 1st. The Court can give you another date. The attorney who wants the change can request it for any number of reason and it is up to the Court to decide if it is something they want to do.|||yes respondents attorney can ask for a continuance, without your consent. you can detest the continuance, but it looks like you really don't have the time. I would just allow the continuance, without it bringing you down. It isn't worth that. good luck

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