What Is the Term Used for the Request to Have Your Court Case Heard Again

Download Article

Download Article

Postponing a court appointment, no matter the reason, typically requires permission from either the court or opposing counsel, though more than specific rules vary based on regional laws. If you physically cannot be present on the court date, yous can obtain a continuance either by appealing to the judge or agreeing with the opposing counsel on a new engagement. If you lot can appear before the court just won't exist ready for the case, yous may be able to show up and ask the judge for more time. The requirements and procedures for postponing a courtroom date practice vary based on state and local laws, so you should also check with the court'southward function to verify what steps have to be taken.

1. i

   Contact the court. Call or visit the clerk's office of the courtroom that is handling your case and explain why you cannot nourish the scheduled appointment. The clerk will inform you how continuances are handled in that state, county, or city.

   • In nigh cases, obtaining a constancy will demand to be handled a sure number of days in advance of the court date. Contact the court every bit soon as you are aware you cannot nourish to give yourself ample time.
   • When communicating with the clerk have your courtroom appointment, case number, and any other relevant information bachelor.

2. ii

   Take the directed activeness. If the reason you lot cannot attend is an appropriate basis for a constancy, the court will inform y'all what forms or motions must be filed with the courtroom.

   • The exact forms or motions that demand to be filed will vary based on the land or local rules or fifty-fifty the rules that the judge has set for her ain courtroom.^[1]
   • For case, in nearly civil cases in Illinois, to change a court date, you lot will be required to file a motion to keep. Some common reasons that form the basis of that motion are because you cannot exist present considering you will be out of boondocks, in the hospital, or incarcerated. You may too file a movement to go on because you demand to hire an attorney or considering a key witness or piece of evidence volition not be available on the scheduled twenty-four hours. ^[2]

   Advert

3. 3

   Ostend the continuance. After you take the necessary activity, contact the court's function again to ensure that the constancy was approved and the date was rescheduled. Do not skip the original date until you receive confirmation of cancellation of the original date and a rescheduled engagement.

   Advertisement

1. 1

   Contact the opposing counsel. Documents that y'all receive from the court about the courtroom date volition most likely include the contact information of the opposing parties' attorney. If that information is not readily identifiable, the courtroom clerk's office tin can provide that information to you.

2. 2

   Come up to an agreement. Despite the adversarial nature of litigation proceedings, well-nigh of the time opposing counsel are reasonable people who might be might be agreeable to postponing the engagement if you but inquire. The opposing counsel will also be knowledgeable about how to get about standing the date and whether information technology is possible given the circumstances. Exist sure to put any agreement to postpone in writing.

3. 3

   Ensure that the postponement has been approved. In the instance that you lot are able to come to an agreement to postpone the engagement, the court still needs to corroborate that constancy. Contact the courtroom in advance of the date and confirm that the date has been changed.

   • Do non only rely on the word of the opposing counsel, every bit it is still an adversarial procedure and only you or your own lawyer can protect your rights.
   • In many cases, the court volition exist more than probable to grant the continuance if the both parties are in understanding about the postponement. ^[three]
   • Attempt to maintain a civil and businesslike relationship with the opposing counsel when discussing scheduling and the case in general. ^[4]

   Advertisement

1. 1

   Attend the courtroom date. If you desire a postponement of the date because you simply need more time, yous can opt to nourish and enquire the guess for more time on that date.

   • Check in with the guess's clerk when you lot arrive. Tell them what instance you lot are in that location for and that yous would like to ask the judge for a continuance.
   • It is always good advice to be punctual, dressed for court, and polite to the judge and all the court employees when attention a courtroom date.
   • Exist sure to bring all documentation that is relevant to both your court engagement and the reason or reasons for the postponement.

2. 2

   Ask for more time. When the approximate calls your case, arroyo the bench, and explain to the judge why yous need more fourth dimension to prepare your case.

3. 3

   Obtain confirmation. If the approximate allows the continuance, the judge or clerk will give you lot confirmation, most likely in the form of a court gild, of the postponement and the new date.

   Advertisement

Ask a Question

200 characters left

Include your electronic mail address to go a message when this question is answered.

Submit

Advert

Video

Warning

• Failure to be nowadays if you lot have not received a constancy can result in extremely negative consequences including money penalties, loss of rights, and fifty-fifty incarceration. Be certain to confirm that your court engagement has in fact been confirmed before deciding not to attend the original date.

• Because land and local laws and rules of procedure likewise as types of court cases can vary considerably information technology is e'er advisable to seek the advice of an experienced chaser when faced with a legal effect such every bit this.

• Contact your local metropolis or state bar association for a list of attorneys, firms, or nonprofit organizations.

• If you lot cannot beget an attorney, local nonprofit organizations tin can often help yous obtain one at low or no toll. ^[five]

Advert

About This Article

Article Summary X

If you lot need to postpone a courtroom date, phone call or visit the clerk's office of the court treatment your case as before long every bit possible and explain why you can't attend the scheduled date. If the clerk considers your grounds reasonable, they will tell you which forms or motions y'all need to file with the court. In one case you've filed the necessary paperwork, make sure you call the court's office again earlier your original court engagement to confirm its postponement. Alternatively, contact the opposing parties' attorney and try coming to an agreement to delay your court proceedings. If everyone agrees to postpone the date, have ane of your attorneys contact the court. Again, make certain you telephone call the court to confirm the postponement. For more tips from our Legal co-author, including how to request a continuance on the court date if you're unprepared, read on!

Did this summary help yous?

Thanks to all authors for creating a page that has been read 383,906 times.

Did this article help you?

phillipsthatimbers.blogspot.com

Source: https://www.wikihow.com/Postpone-a-Court-Date

Share this post