Can I reschedule the court date? 7 Answers as of November 17, 2010

I cannot attend the day the current court date is set and I need more time to get things together. Do I have the option to postpone it and for how long? Does my husband have to agree to the postponement?

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You can request a continuance, it depends of the county on how.
Answer Applies to: California
Replied: 11/16/2010
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Generally, yes, you can get a "continuance" of a court hearing or other court event. The best practice is to first ask your husband if he will agree to a continuance. If so, then after you select a date (and cal the court clerk to confirm that date is available), you will need to file a "Stipulation and Order" with the court stating that you and your husband agree to continue the matter to that date. Some courts have their own continuance forms, depending on what type of hearing or court event you are continuing. Thus, check the court website to see if they have a local continuance form that applies to your matter.

If your husband does not agree to a continuance, then you will need to request one from the court. Without knowing more facts of your case, including what type of hearing or court event you want to continue, whether it has been continued in the past, and if so, by whom, among other info, it is hard to give more advice. I suggest you call a local lawyer, give that person all the details, and he/she should be able to give you a more complete answer.
Answer Applies to: California
Replied: 11/16/2010
Goldberg Jones
Goldberg Jones | Zephyr Hill
If it is his motion, you likely need his agreement to "continue" the hearing to a new date. Otherwise, you need to show up or hire an attorney to show up to the Hearing. At the Hearing, you can still request the continuance and it will likely be granted by the Judge. You will be provided a new court date and time to gather your evidence.
Answer Applies to: California
Replied: 11/5/2010
Law Office of Cristin M. Lowe
Law Office of Cristin M. Lowe | Cristin M. Lowe
You may ask for a continuance but your husband will need to agree to the postponement prior to the hearing. Every county is a little different on how the continuance process works, so your best bet is to go on to your county's website and look at the Local Rules for specific directions.
Answer Applies to: California
Replied: 11/5/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You can ask the court for a continuance.
Answer Applies to: California
Replied: 11/4/2010
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