due to having a new attorney?
2007-04-15 05:32:23 · 6 answers · asked by Jen 1 in Politics & Government ➔ Law & Ethics
My ex is the one with the new attorney and I think he is just trying to stall the case
2007-04-15 05:37:24 · update #1
that is strictly at the discretion of the judge. If the judge thinks that this is merely a ploy to get a continuance then it is unlikely that it will be granted.
2007-04-15 05:37:30 · answer #1 · answered by tnroadwarrior 4 · 0⤊ 0⤋
In general, when a new attorney is hired, the judge will usually grant a continuance to allow the new attorney to prepare for the hearing.
However, this is within the judge's discretion. If one of the parties has a history of hiring and firing attorneys in order to get continuances [abusing the system], the judge would be justified in refusing to grant the continuance.
2007-04-15 12:47:34 · answer #2 · answered by Mark 7 · 1⤊ 0⤋
It depends the judge will decide if the new attorney needs time to get up to speed...usually a month is enough.
2007-04-15 12:52:14 · answer #3 · answered by Dr. Luv 5 · 0⤊ 0⤋
as stated it is up to the judge, if the judge feels the reason was to delay then they will usually deny
but it depends on the facts, people are free to fire and hire a new lawyer the system actually encourages this if you and your lawyer do not meet eye to eye, so if the ex had been having a problem with his lawyer, first time changing lawyer, month before trial
my bet would be he gets the continuance
2007-04-15 12:48:38 · answer #4 · answered by goz1111 7 · 0⤊ 0⤋
You can always file for a continuance, it just may not be approved by the judge.
2007-04-15 12:36:14 · answer #5 · answered by NickyO 3 · 0⤊ 0⤋
you betcha. anybody can ask for a continuance. its up to the judge if he/she will grant it. you should really ask your attorney or his paralegal.
2007-04-15 13:06:27 · answer #6 · answered by Anonymous · 0⤊ 0⤋