Q: Can I file a motion for continuance for a hearing on March 20 in Los Angeles due to delayed evidence?
I have a hearing scheduled for March 20 regarding a motion to set aside a judgment and a claim of exemption in Los Angeles. Due to a delay in receiving crucial evidence from my personal injury settlement lawyer, I need more time to file the necessary documents with the court. Specifically, I am waiting for a copy of the check and settlement agreement document, which are essential for my claim of exemption. I have not yet communicated my need for a continuance to the plaintiff's attorney or the court. Can I file a motion to request a continuance?
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A:
Yes, you can file a motion for continuance to request additional time for your March 20 hearing due to the delay in receiving important evidence. Courts generally understand that delays can occur, especially when critical documents necessary to support your case have not yet arrived. To strengthen your request, clearly explain the situation in your motion, stating precisely which documents you're waiting for and why they're important for your claim of exemption.
Before filing the motion, it's advisable to contact the plaintiff's attorney to see if they will agree to the continuance. Courts often look favorably on requests supported by mutual consent, so obtaining the other side’s agreement may simplify the process. If the plaintiff’s attorney does not agree, you should note this clearly in your motion, as the judge will consider both sides before deciding.
Act promptly by filing your written motion for continuance with the court as soon as possible, preferably several days before the scheduled hearing date. Ensure you also follow the court’s procedural rules closely—proper notice and filing requirements are essential to having your motion considered favorably. Taking these steps will demonstrate your diligence and respect for the court's schedule, increasing your likelihood of success.
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