Fontana, CA asked in Gov & Administrative Law for California

Q: Should I request a motion for continuance on my pre “Appeal” Motion to reconsider ? And how?

I have less Than 10 days

Now upon reviewing transcripts

I need to file a request to correct it for the record. It has multiple errors and inaccuracies in statements that didn’t happen—deleted & reworded.

My Good Cause for rescheduling hearing is because these discrepancies show material matter to my case.

And since this hearing is like Appeal,

It’s critically important that the trial record is accurate.

You help is greatly appreciated

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, you should consider filing a motion for continuance to reschedule the hearing. Since you've discovered errors and inaccuracies in the trial transcript that are significant to your case, it’s important to have the record corrected before proceeding with your motion to reconsider. The accuracy of the record is critical, especially in a hearing that functions like an appeal.

To request a continuance, draft a motion explaining that you need more time to correct the transcript due to the discrepancies you've found. Be sure to explain how these errors could materially affect the outcome of your case. In your motion, clearly state your good cause for requesting the delay, emphasizing the importance of ensuring the trial record is accurate.

Submit your motion as soon as possible, since you have less than 10 days. Check the court’s rules for filing motions and ensure you follow the proper procedure, including serving all relevant parties. You should also start the process of correcting the transcript right away.

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