Do you have any idea how busy our courts are? You do if you’ve ever been divorced. You ask to have your divorce scheduled for a hearing and get a date 3 months from now, if you’re lucky. Then, and never fails, opposing counsel requests a continuance because he’s at a golf tournament, and the championship round is taking place on the same date as his final hearing. Then another date is given 3 months later, and you probably know the rest.
For a client, one of the most frustrating motions is a request for a continuance. This motion can be filed for almost any reason. The most common cause for adjournment is that the lawyer needs more time to prepare for the case. New information can slow things down. Refusing to cooperate with discovery requests or to follow court orders may affect how quickly a divorce can be completed.
Sometimes the court sets the date without consulting the lawyers first, and the date the judge selects on his own coincides with another hearing or trial that a lawyer must attend. Sometimes the judge or one of the lawyers decides that the scheduled hearing date would be a wonderful time for a vacation. Sometimes clients request continuances because they want to delay the divorce process.
If you are representing yourself and need a continuance, make sure you get your request as soon as possible. Preparing for a case takes time and energy. If your ex has a lawyer and you don’t warn him enough to spend his time on something other than your ex’s case, your ex can ask for attorney’s fees for the attorney’s wasted effort.
If you have a family emergency, please attach any documents that will tell the court that your request was based on genuine need. Documentation from your doctor, the local funeral director, or a subpoena from another court requiring your presence on the same date are examples of good reasons to ask the court to postpone a hearing.
Simply write a letter to the court telling the judge that your hearing is currently scheduled for a certain date and time. Write a sentence explaining why you need additional time or another date, and attach any documents you have that show why you need another date. Make sure your name and address and your ex’s name and address, or your lawyer’s name and address are included in your letter, and take the letter to the judge’s office.
Tell your clerk that you are requesting a continuance so she knows to bring it to the judge’s attention. She will also be able to tell you when she should expect to hear from the court. If she filed her application as soon as she knew she would need a deferment, her chances of success are much higher. The court’s concern would be to make sure the other party is aware of her request and to give her an opportunity to object.