Q: Handling Granted FL-306 Request for Hearing Postponement
The court granted the opposing party's FL-306 request to postpone our hearing (FRO MOD), which was originally set for 2 weeks later. It's possible this decision was made without the judge's full review, potentially by a law clerk. What can I do to ensure this matter is brought to the judge's direct attention? I should have come by the courtroom immediately before they reviewed it. Is there a form for a motion for reconsideration, or another method to request a decision review?
A:
In California, if you disagree with the court's decision to grant the opposing party's FL-306 request to postpone your hearing, you have options to bring the matter back before the judge. Initially, it's important to understand that decisions like these may not always involve the judge directly but are typically made in accordance with the law and court rules.
One course of action you can consider is filing a motion for reconsideration. This motion requests that the court reevaluate its decision. To do this, you should locate and fill out the correct legal forms for your specific situation. These forms are usually available on the California Courts official website or at the courthouse. When completing the motion, explain why you believe the decision to postpone the hearing was incorrect or unjust, including any new evidence or points of law that were not considered.
Lastly, ensure that your motion is filed promptly and served correctly to all parties involved. The court's local rules will dictate the exact timeline and method for filing and serving documents. After filing, the court will decide whether to grant your request for a hearing on the motion. If granted, this will be your opportunity to present your case directly to the judge. Always consider consulting with legal counsel to ensure your actions align with legal standards and to provide the best chance for a favorable outcome.
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