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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Consumer Protection Law
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Experience:  Extensive experience with contract, debtor/creditor, and consumer law.
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my trial is set for April 20, 2012 in Arizona but I have previously

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my trial is set for April 20, 2012 in Arizona but I have previously moved back to Montana to care for my 91 year old bedridden mother who was hospitalized and given only 6 months to live since her hospital stay in Dec. of 2010. She will not eat for anyone but me as she must be hand-fed. I am the plaintiff and have filed charges against a transmission repair shop who failed to honor my warranty because my radiator failed. I had taken the car back to them a week after they repaired it and they did not tell me what the problem was. again, I took it back a month later because another mechanic spotted a leak from the transmission. Again they gave no explanation or paperwork. The 4th and final time they said the damage was from the radiator. The 2nd mechanic who repaired it found broken and bent parts and told me to take the first mech. to court. the defendant is objecting to me appearing telephonicaly even though it is impossible for me to leave my mother. Can I ask the judge to dismiss the case without prejudice so that i may fly down and appear at a later date, put the case back on the inactive calendar or ask for a continuance? Can the plaintiff object to all of these? I feel I will be denied justice if I am not able to appear in person.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  J.Hazelbaker replied 2 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Under the Arizona Rules of Civil Procedure, you may file a notice of dismissal without prejudice (so long as you have not already do so in the case before). The case will be dismissed. The defendant cannot object. And you can refile at a later time within the original statute of limitations.

J.Hazelbaker :

You may also request a continuance.

J.Hazelbaker :

If you have not received a continuance before in this case, a continuance of a reasonable period would likely be granted under the circumstances you describe. The defendant can object, but a court would likely grant it for a couple months.

J.Hazelbaker :

However, it is unlikely that a court would grant a six month continuance. Instead, the court would likely advise you to dismiss and refile as discussed first, above.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

J.Hazelbaker, Lawyer
Satisfied Customers: 4385
Experience: Extensive experience with contract, debtor/creditor, and consumer law.
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