Q: I want to ask judge for continuance in a case to allow me more time to get legal counsel, can he refuse?
My ohio based small business (plaintiff) filed a claim against another ohio business in a small claims court. On hearing day we both showed up without legal counsel. Hearing was adjourned and judged insisted we both needed legal counsel. We called a few lawyers and they are charging too much. Next hearing is coming in a few days and we still don't have an attorney. Can we ask for continuance to give us more time to get an attorney? What are chances judge will deny that? Also, if we want the case dismissed because hiring a lawyer far exceeds benefits of pursuing the case, can we just fail to show up in court or must we go to the hearing to request to withdraw case? Thanks
A: You can request a continuance and the court will probably grant it. But, the court can deny it. If you are the plaintiff and you don't want to pursue it, you can simply not show up and it will get dismissed. But, be careful about doing so. If the other side has made any claims against you, your failure to appear could result in summary judgment in their favor.
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