If you’re in the hospital and have court, will they automatically postpone your court date for a new one and will they issue a warrant? 25 Answers as of January 29, 2013

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Law Office of Edmund P. Allen Jr. | Edmund P. Allen Jr.
You will need to call the court and let them know, and maybe provide them documentation about the hospitalization. It will be up to the judge to continue the case to another date or issue a warrant.
Answer Applies to: Washington
Replied: 1/29/2013
The Law Office of B. Elaine Jones
The Law Office of B. Elaine Jones | B. Elaine Jones
They will not reschedule your hearing automatically. You need to call and let them know you are in the hospital. Otherwise, the Judge will probably issue a bench warrant for your arrest. If that happens, the quickest way to deal with it is with an attorney. The attorney would file a Motion to Recall the Warrant and arrange for a hearing for you to turn yourself in and potentially explain your absence from the previous hearing.
Answer Applies to: Florida
Replied: 1/24/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
If they have notice, then you will get a continuance. Otherwise, there will be a bench warrant. I assume there is no attorney, which will create a problem.
Answer Applies to: Georgia
Replied: 1/24/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
You should send somebody close to you, a relative, for example, with full information about your hospitalization, to explain to the judge why you are not in court. Paperwork and a phone number to the hospital may be necessary, and the judge may want the sheriff or prosecutor to verify your reason for not being there.
Answer Applies to: Illinois
Replied: 1/21/2013
Fenaughty & Associates, PC
Fenaughty & Associates, PC | Dan Fenaughty
Nothing good is automatic. You must advise the Court of your inability to attend. If you do not, a bench warrant will issue against you.
Answer Applies to: Colorado
Replied: 1/21/2013
    Universal Law Group, Inc. | Francis John Cowhig
    It will depend on whether or not the court knows that you are in the hospital. Even if the judge does issue a bench warrant, you should appear in court as soon as you get out of the hospital and bring proof of your hospital stay. Under these circumstances, the judge should recall the warrant and set another court date. If you are represented by an attorney, you should contact your attorney immediately and advise him of your situation.
    Answer Applies to: California
    Replied: 1/21/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Your bond will likely have been revoked. If you have a lawyer, provide the lawyer with the proof of your hospitalization. If no lawyer (and you are not going to have a lawyer), bring proof of your hospitalization to your bonding company so they can fight to have your bond reinstated. If you posted cash, bring proof of your hospitalization to the court.
    Answer Applies to: Texas
    Replied: 1/21/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    No someone has to let them know you are in the hospital and they should be sent written proof of that.
    Answer Applies to: Michigan
    Replied: 1/21/2013
    William L. Welch, III Attorney | William L. Welch, III
    No, the court will not automatically postpone your case. No one in the court or the prosecutors office might even know that you are in the hospital. Also you should bring documentation to court or have someone take it for you on your court date, because many people call up and say there in the hospital when in fact they are not.
    Answer Applies to: Maryland
    Replied: 1/21/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Depends on the judge and if you notified the court.
    Answer Applies to: Alabama
    Replied: 1/21/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    No, not automatically. Someone will need to alert the judge why you are not there. The best person to do this is your lawyer, but a family member might be allowed to explain to a judge why you cannot be there.
    Answer Applies to: Utah
    Replied: 1/21/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Call the court and seek an adjournment BEFORE the Court date, be prepared to prove you were in the hospital and totally unavailable.
    Answer Applies to: Michigan
    Replied: 1/21/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    They will 100% absolutely positively issue a warrant. Which is why you should hire a lawyer to be in court instead.
    Answer Applies to: California
    Replied: 1/21/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If they do not know you are in the hospital they will issue a warrant. If you have proof that you are in the hospital, even if they issue a warrant, they will likely withdraw the warrant for good cause having been shown.
    Answer Applies to: Alabama
    Replied: 1/21/2013
    Amber Lunsford, Attorney at Law | Amber Lunsford
    If this happens, you need to contact your attorney as soon as possible, or have someone do it on your behalf. The court will not automatically know that you are in the hospital and will issue a bench warrant unless someone, meaning your attorney, can advise them of the situation. A continuance will then be asked for and I cannot think of a single instance such as this where it has not been granted.
    Answer Applies to: California
    Replied: 1/21/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    Although it is not 'automatic', being in the hospital is usually a genuine and realistic reason for a matter to be continued to a later docket. You or your representative should notify counsel for the other party or parties in your proceeding of the hospitalization. The Court should also be notified, and a new date requested from the Court.
    Answer Applies to: Oklahoma
    Replied: 1/21/2013
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    You need to notify the court that you are in the hospital. I would also suggest providing proof to the court of the hospitalization prior to the court date. Someone needs to appear on your behalf to let the court know of your situation.
    Answer Applies to: Massachusetts
    Replied: 1/21/2013
    Connell-Savela
    Connell-Savela | Jason Savela
    Call the court and let them know. If you do not give notice as why you are not there they will not know. But usually they will grant a continuance.
    Answer Applies to: Colorado
    Replied: 1/21/2013
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    If you are proactive and provide proof most judges will allow for a continuance and not issue a warrant.
    Answer Applies to: Minnesota
    Replied: 1/21/2013
    The Trabin Law Firm, P.L.
    The Trabin Law Firm, P.L. | Eric J. Trabin
    They will not automatically postpone your court date. How will the court know you are in the hospital? You should let your attorney know you are in the hospital, for what, and provide some sort of proof. The lawyer can ask for a continuance to reschedule your court date. If you or your lawyer don't make the request then the court will likely issue a warrant, which while it can be withdrawn, might still be issued.
    Answer Applies to: Florida
    Replied: 1/21/2013
    Rivera Legal Group, PLLC
    Rivera Legal Group, PLLC | Victor Rivera
    Nothing is automatic. If you are in the hospital, you need to inform both the court and the prosecutor by filing a Motion for Continuance. The judge then has to grant your request. If you do not inform the court in advance and you miss court regardless of the reason, a bench warrant will be issued for your arrest.
    Answer Applies to: Texas
    Replied: 1/21/2013
    Hamblin Law Office | Sally Hamblin
    You need to call the court or prosecutor and advise. Then provide proof. It is your responsibility.
    Answer Applies to: Michigan
    Replied: 1/21/2013
    Edward D. Flint  PLLC
    Edward D. Flint PLLC | Edward D. Flint
    Nothing happens automatically. You need to call the court clerk and explain where you are and why you can't come to court, and be required to provide some verification when you do go to court at a later date, like your hospital discharge papers.
    Answer Applies to: Utah
    Replied: 1/21/2013
    Simpson Law Office, PLLC | Alexander J. Simpson, III
    Depends on what kind of Court date you have. If you are in Court for a criminal charge, and just fail to appear without letting anyone know, then no, they will not automatically postpone your court date, and yes, they will issue a warrant. The thing to do would be to contact your lawyer, if you have one, and advise him of the situation so that he can ask the Court for a new court date. If you do not have a lawyer, then contact the prosecutor or the clerk of the court where your case is pending, and advise them of the situation.
    Answer Applies to: Mississippi
    Replied: 1/21/2013
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