Q: If you served someone but they didnt provide it to their lawyer, can lawyer still file a change of court date ?
Respondent was served a month ago by the sheriffs department at the courthouse, now his lawyer has filed a request to change court date since he just received the paperwork a week before court
A: If the lawyer needs more time to prepare a response to the motion or to prepare for the hearing, he can ask for it. It's then up to the court to decide whether to grant that request. You can oppose the request, but why would you?
A: A newly-retained lawyer will, of course, need time to prepare for the hearing. It sounds like this relates to a domestic violence restraining order- I believe the request to continue hearing form is DV-116. If you don't have an attorney, you should speak with one in your area, as it's not going to be a fair fight, given the other party is now represented. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
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