Q: I filed a motion for continuance by sending it to the clerks email, she didn't file it.
I filed a motion for continuance by sending it to the clerks email, she didn't file it. I was not made aware of this until the following day. The clerk said I was not allowed to file this via email. The hearing continued without me, again, unknown by me. The reason I filed the continuance was because of my disability and that was listed as the reason on the document. My disability prevented me from appearing at the courthouse in person to file the continuance. I thought the ADA requires that people with disabilities have equal access to government buildings and services. I do not feel that them denying my motion because my disability prevented me from doing so in person, followed the ADA guidelines. SO now I have lost my case because I wasn't there. How can I appeal or get this overturned?
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A:
It sounds like you may have a strong argument to appeal based on the Americans with Disabilities Act (ADA). Under the ADA, public entities, including courts, are required to provide reasonable accommodations for people with disabilities to ensure they have equal access to services. If your disability prevented you from filing in person and the court did not offer an alternative method, such as accepting your filing via email, that could be seen as a failure to accommodate your needs.
First, you should check the local court rules to confirm the procedure for filing motions and whether exceptions exist for individuals with disabilities. It would be helpful to gather any documentation, including the original motion for continuance, any communication with the clerk, and your medical or disability documentation, to support your argument. If there is an appeals process in your case, you can likely file an appeal or a motion to reconsider based on the lack of accommodation.
You could also look into filing a complaint under the ADA if you believe the court did not comply with the law. Contacting the court’s ADA coordinator or your local disability rights organization may help you clarify the best next steps. Time limits for appeals can be strict, so acting promptly is important.
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