Q: HOW DO REQUEST A CONTINUANCE IN CIVIL COURT AND HOW LONG CAN I REQUEST?
A PROCESS SERVICE GAVE PAPERS TO SOMEONE WHOM DID NOT GIVE THEM TO US AND I JUST FOUND THEM IN A PILE OF PAPER I WAS READY TO TRASH AND THERE IS NO WAY WE COULD APPEAR THE 1ST WEEK IN 2011
A: Not sure what hearing or event is scheduled for the first week in 2011. If you are scheduled to appear in court on a particular date, I would call both the other attorney as well as the courtroom itself and explain the circumstances. I would attempt to see if the other attorney would agree to file a stipulation to continue the hearing to a specific date. However, you must call the court first and make sure that such a stipulation would be sufficient for them to continue the date. It sounds like you were served and did not file an Answer to the Complaint, which you must also do ASAP. I would try to get an Answer to the Complaint served right away so the court is more likely to see you are actively defending the case and that the need for the continuance was a one time oversight. Please contact my firm at (714) 542-5100 or glen@duvel-law.com if you need assistance filing an Answer or defending the lawsuit.
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