Q: Motion for an extension due COVID 19
The plaintiff would like to schedule a special set hearing, but my husband has contracted COVID 19 and is not able to participate in a hearing. I am attempting to assist so he does not lose the case. Do I have to select a date for him since he is not doing well due to COVID 19 or should we contact the court and make a motion to postpone until we determine if he will overcome his health challenges?
We are also pursuing retaining an attorney, but any response to the above questions would be greatly appreciated.
A: The first step is to ask the other side to agree to a later date. If they agree, the problem is solved.
If they don't agree, and the other side goes ahead and notices the hearing, your husband would need to file a motion for continuance (postponement) of the hearing, and, if necessary, make it an emergency motion. Once such a motion is filed, there should be communication to the judge's office, and perhaps the issue would be solved without a hearing on the motion for continuance. A problem you may face is that, while you may assist your husband, you cannot represent him, and the other side (if they're not nice) can choose to totally ignore communications from you, including on hearing date selection.
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