Q: Can I request a continuance for a pendente lite motion when I was only given a 12 hour notice of the motion?
I was served a motion for pendente lite hearing this evening at 5:50 pm. The motion says the hearing is 9:30 am tomorrow. This is not adequate time to compile my opposition or obtain counsel. How should I proceed?
A: This notice is too short of course; however, you need to show up in court or get a call or faxed letter in as soon as you can, so as not to give the opposing party opportunity to say that you didn't show because you don't care. I am sure that the Court would notice and take notice of the late service, but this is never a guarantee. In the meantime, be sure to retain Counsel! Our best to you.
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