What is a continuance in a divorce?
What is a continuance in a divorce?
A common question parties in a family law matter ask is, How long will this process take? What often drags out the process is a Motion for Continuance. A common remedy to this situation is to file a Motion to Continue the hearing, which requests that the court reschedule the hearing for a new date and time.
Can a judge deny a continuance?
Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant’s rights. They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation.
Can I get a continuance over the phone?
Typically a mere phone call will not be enough to change a court date, although it may be possible. You can look on the state’s website for rules and forms. Some courts have specific continuance request forms, while other courts have generic motion forms on which you can write your request for a continuance.
How do I request a continuance?
When writing a request for a continuance, include your name, the case name and number, what you are requesting and why. State the date of the currently scheduled court hearing and clearly request a new date. Give the reasons for your request.
How many times can you request a continuance in court?
There is no limit on the number a times a case can be continued. There is an urban legend that each side gets three continuances, but that is just not the case.
What happens if you do not show up to small claims court?
If you do not go to a small claims hearing, the creditor usually wins automatically “by default”. The plaintiff will get a judgment for the amount of money they asked for in the complaint. You can get a copy of the judgment from the court. The judgment will remain for 20 years.
What happens if I lose in small claims court and don’t pay?
If you don’t pay what you owe right away, you will have to pay more. The creditor will get post-judgment interest on any part of the debt not paid back right away. If you don’t pay the creditor, they can take steps to collect the money from you. This is called enforcing the judgment.
