How many times can the opposition postpone my son's court date? 4 Answers as of November 14, 2011

My son's EBT is coming up next week and his attorney just called and told us it has been postponed until January. How many times may the opposition postpone this?

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Lutwin & Lutwin, LLP | Joel M. Lutwin
usually ebts are not posponed more than 3 times- and after the first posponment a valid reason must be given
Answer Applies to: New York
Replied: 11/14/2011
Dwyer, Black & Lyle, LLP
Dwyer, Black & Lyle, LLP | Kevin Habberfield
These things happen. It can be very difficult to get all of the attorneys, parties, room and court reporter available at the same time. I typically give one or two extensions then I get testy. I do this because I know there will be times when I will be the one requesting the extension. Also, by the time you file a motion to compel the EBT (asking the court to make the EBT happen) and it is actually heard by a judge..... January will have come and gone. Plus, filing that motion costs a few bucks and will drive up costs a little. Unfortunately, the wheels of justice turn but, they do so very slowly. Be patient.
Answer Applies to: New York
Replied: 11/14/2011
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Your son should ask his lawyer if there is a "Scheduling Order". If there is, he wants a copy. If there isn't, he should tell his lawyer to get one. That way, if there are more adjournments, the judge will get fed up and order dates certain.
Answer Applies to: New York
Replied: 11/11/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Quite a few times. Your son should tell his lawyer to get the deposition "so ordered" and then it will be tougher for them to adjourn.
Answer Applies to: New York
Replied: 11/11/2011
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