Postponing a Court Date

Maybe you don’t know if you can arrange for an attorney. Maybe you are ill. Maybe you are court hearingjust not ready.

Attend the court date. If you desire a postponement of the date because you simply need more time, you can opt to attend and ask the judge for more time on that date. Check in with the judge’s clerk when you arrive. Tell them what case you are there for and that you would like to ask the judge for a continuance. (Refer WikiHow)

There are many reasons you might want or need to postpone, or in legal terms obtain a continuance for a  court date. If you cannot physically be present for your court date, there are two avenues to pursue to postpone the date: by obtaining permission from the court; or by agreeing to postponement with the opposing counsel. If you can be present in court but are not prepared for your case, you can appear in person on the day of the court date and ask the judge for more time. Due to differing state laws and local rules, it is always best to consult with an experienced lawyer before proceeding.

Contact the court. Call or visit the clerk’s office of the court that is handling your case and explain why you cannot attend the scheduled date. The clerk will inform you how continuances are handled in that state, county, or city. •In most cases, obtaining a continuance will need to be handled a certain number of days in advance of the court date. Contact the court as soon as you are aware you cannot attend to give yourself ample time.
•When communicating with the clerk have your court date, case number, and any other relevant information available.

Take the directed action. If the reason you cannot attend is an appropriate basis for a continuance, the court will inform you what forms or motions must be filed with the court. •The exact forms or motions that need to be filed will vary based on the state or local rules or even the rules that the judge has set for her own courtroom.[1]
•For instance, in most civil cases in Illinois, to change a court date, you will be required to file a motion to continue. Some common reasons that form the basis of that motion are because you cannot be present because you will be out of town, in the hospital, or incarcerated. You may also file a motion to continue because you need to hire an attorney or because a key witness or piece of evidence will not be available on the scheduled day.

Confirm the continuance. After you take the necessary action, contact the court’s office again to ensure that the continuance 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 date.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Leave a Reply

Your email address will not be published. Required fields are marked *