My daughter has fallen quite ill due to MRSA and secondary infections. She has a hearing 16 days from now; she is self-representing and has completed her portion of the "discovery" phase. Her exhibits have been prepared. She had a timeline of things that needed to be done or satisfied, and even with some non-professional help, has started to miss those deadlines. The exhibits were not submitted in time. She will be writing a "motion for continuance pleading" today when she is up from a nap. I looked up what that is, and in her state, the "motion" can be denied. Even though she is verifiably ill, I suppose that the judge could deny the request. If that happens, is there any alternative she can pursue, or anything else she can do? I am trying to find out as much as I can because she is too ill to spend much time at the law library. Currently, she is being treated at home by a visiting nurse so that she can avoid contact with the general public.
Thank you
2007-12-06 05:26:16 · 6 answers · asked by Macy Jay 1 in Politics & Government ➔ Law & Ethics
As the motion can be denied it would be best to backup the request with as much documentation as possible. Get a statement from her doctor attesting to her diagnosis, the effects of the condition and when the doctor believes she would be able to function again.
2007-12-06 05:36:55 · answer #1 · answered by davidmi711 7 · 2⤊ 0⤋
First, the motion will likely be sustained. Motions for continuance will be granted upon a showing of good cause; her debilitating illness is certainly good cause.
That said, most jurisdictions have rewind/erase motions that can be filed due to excusable mistake or neglect. In California, for example, Code of Civil Procedure 473 allows a party a do-over if they miss deadlines for good cause (among other things). Motions of this nature, however, are usually pretty complex and they also have deadlines.
I assume that she's representing herself because of the costs of hiring an attorney. Still, it may be worth the cost of a consult if she has already missed some deadlines.
2007-12-06 07:37:16 · answer #2 · answered by Brian 3 · 0⤊ 0⤋
Motions to continue are routinely granted. If this is her first request to continue I highly doubt it won't be granted, especially given her illness. If there are things she was supposed to complete or have done by a certain date...date of hearing, they may not grant the motion to continue. Try to get an affidavit from her doctor to provide as part of your motion to continue so that you can document the necessity to continue the hearing. If the judge still denies the motion the hearing will go forward without her. Good luck.
2007-12-06 06:07:02 · answer #3 · answered by lahockeyg 5 · 1⤊ 0⤋
If the motion is denied, she can appeal. Appellate law, though, is even more complex than regular law.
When you decide to go to court without a lawyer, the court does not grant you any special dispensations from following the same procedures, and making the same deadlines, that you'd need to follow if you had a lawyer.
Richard
2007-12-06 05:38:26 · answer #4 · answered by rickinnocal 7 · 2⤊ 0⤋
The case docket reads: action CONTINUANCE (STATE) ~~ The State asked for something concerning the particular case based upon a particular "action" which feels like the State is making an attempt to argue an argument! The State is soliciting for greater time (likely for the purpose of getting to know his action!) FILED 01/18/2007 ORAL ~~It replaced right into a verbal request in the previous the decide! SET FOR 01/18/2007 AT 13:15 DENIED~~The decide denied the states request!
2016-12-17 09:16:15 · answer #5 · answered by hokenson 4 · 0⤊ 0⤋
If a motion is denied there is nothing else you can do. In her current condition recommend getting an attorney, so she doesn't have to worry about all of this stuff. If the continuance is due to illness it will probably not be denied.
2007-12-06 05:35:00 · answer #6 · answered by tuckerlucydog 2 · 1⤊ 1⤋