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BizAttorney
BizAttorney, Attorney
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Experience:  Over 12 years of business and legal experience.
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How do I write a letter to a judge asking for a new trial date

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How do I write a letter to a judge asking for a new trial date due to not finding a lawyer bc of my previous lawyer that I dismiss which placed a lien on my personal auto injury claim? My NJ supreme court date is on Jan. 18th 2011. I am filling out a file a motion however I am not sure if I would need to complete it for a reschedule of trial court date. Please let me know. And if so, what do I need to include in the letter.

Thanks so much!

Kim Seibold
Submitted: 3 years ago.
Category: Legal
Expert:  BizAttorney replied 3 years ago.

BizAttorney :

Good evening! I can help you out with your legal question tonight.

BizAttorney :

You will motion to continue the trial date and state your reasons why the other party won't be prejudiced and why you need more time. It is understandable that you will need more time to prepare for trial. The judge may or may not extend the trial date depending on when it was scheduled. The court won't let you switch lawyers on the "eve of trial", however, if just a hearing is on 1/18/11, then it will likely be continued, but if that date is a trial date, then you are likely stuck with the attorney. The pleading you will file is a Motion to continue [insert reason for hearing] . You'll then have to renotice all of the parties with the new date.

Customer :

Hello, I have wrote this in my File A Motion. Granted due to reason set forth. The defendant , women have offered an entry of judgement in favor of Plaintaint, Me. Based on supporting medical documents and disablity forms, I feel that I should be offered the full policy limit of the defendant and further compensation for pain and suffering. I feel this should be granted due to the multiple injuries I sustained from the auto accident and the laser spine surgery. Your Honor, I would like for my case to be rescheduled within the next few months due to not retaining a trial lawyer. I have made several calls and appointments with attorneys however they declined me due to the lien that was placed on my case. I would also request for my lien to be remove so I can retain a new counsel to assist me with my personal injury case.

Customer :

WOuld i need to complete a File a Motion Form with the courts or just write a formal letter.

Customer :

are you there

BizAttorney :

It depends on the judge, but write the formal letter first. If the judge responds telling you to draft a motion, then file the Motion. Take out the following: "Hello, I have wrote this in my File A Motion. Granted due to reason set forth. The defendant , women have offered an entry of judgement in favor of Plaintaint, Me. Based on supporting medical documents and disablity forms, I feel that I should be offered the full policy limit of the defendant and further compensation for pain and suffering. I feel this should be granted due to the multiple injuries I sustained from the auto accident and the laser spine surgery."

BizAttorney :

And you need to add in more reasons for why you do not want to keep the original attorney.

BizAttorney :

This isn't about the merits of the case, but is about you having sufficient time to find counsel. Tell the Judge of the efforts you have made besides making several calls. List the firm names etc.

Customer :

I do not have the original attorney and I am Pro Se with a trial date. I have request the firm names and numbers however I do not know if I will get them in time. One of the bar associates gave me a list of names of attorneys and contact numbers however has not provided me a hard copy.

Customer :

Your Honor, I have seeked a new counsel in which I have made several calls and appointments with attorneys however they declined me due to the lien that was placed on my case. I have attached supporting documents from the Bar Associates such as the Camden County and Philadelphia Bar Association.

BizAttorney :

That is better, include that information.

Customer :

Your Honor, I would like to have more time to prepare for the trial and have an attorney assist me with my case. In order to seek new counsel, I would like for you to remove the lein due to the attorney fees with the Panter v Seibold case. Joel Garber has been relieved of counsel by Judge back in March 2010. My previous counsel, Mr G has been reimbursed on the behalf of the Defandant driver of the auto recovery. I was a passenger.

BizAttorney :

You also need to state that no other party will be prejudiced if the hearing/trial is continued

Customer :

I do not understand what that means

BizAttorney :

Don't get into the details of how your previous counsel was paid or not paid. Just state that he left due to an internal dispute and has now liened the case.

BizAttorney :

Which part do you not understand exactly. I will rephrase it.

Customer :

Your Honor, I have seeked a new counsel in which I have made several calls and appointments with attorneys however they declined me due to the lien that was placed on my case. I have attached supporting documents from the Bar Associates such as the Camden County and Philadelphia Bar Association.
I also can inform you that no other party will be prejudiced if the hearing/trial is continued.

BizAttorney :

Let me change it somewhat...one minute...

Customer :

waives oral arguement and consents to disposition on the papers. I checked this under the file a motion. Do you think I don't need a file a motion. I thought it doesnt hurt seems its a guidline I could use.

BizAttorney :

Your Honor, I have made multiple telephone calls and other efforts to obtain new counsel in this matter. However, despite my efforts, attorneys have declined to represent me due to the lien placed on my case. I have attached supporting documents from the Bar Associates such as the Camden County and Philadelphia Bar Association, which substantiate my efforts.
I also can inform you that no other party will be prejudiced if the hearing/trial is continued.

BizAttorney :

I would not waive oral argument as you want to go in and tell the judge how you are doing everything you can to get new counsel.

BizAttorney :

I would only file a motion if the judge responds to your formal letter and instructs you to do the same.

Customer :

Okay however what about the lein on my case

Customer :

this is the reason why I can't find another attorney due to the lien on my case

BizAttorney :

That is not important. The important point is that lawyers wont' touch your case because of the lien, so that is what you state. Don't get into all of the details

Customer :

Your Honor, I would like to have more time to prepare for the trial and have an attorney assist me with my case. In order to seek new counsel, I would like for you to remove the lein due to the attorney fees with the P v S case. J has been relieved of counsel by Judge Orlando back in March 2010. My previous counsel, Mr G has been reimbursed on the behalf of the Defandant s recovery.

BizAttorney :

No, the judge will not just remove the lien place on your case. You first have to file a fee dispute and have a hearing. You can do that first if you want, but I wouldn't get into it when asking for a continuance of the hearing.

BizAttorney :

You need to keep the issues separate and clear.

Customer :

 


Your Honor, I would like to have more time to prepare for the trial and have an attorney assist me with my case. I have made multiple telephone calls and other efforts to obtain new counsel in this matter. However, despite my efforts, attorneys have declined to represent me due to the lien placed on my case. I have attached supporting documents from the Bar Associates such as the Camden County and Philadelphia Bar Association, which substantiate my efforts.


 


I also can inform you that no other party will be prejudiced if the hearing/trial is continued.


 

Customer :

This is too short. I feel that I am leaving things out. what do you think

BizAttorney :

Thank the judge for his/her review of the letter at the beginning. Also at the end, add "Because of the foregoing reasons, I respectfully XXXXX XXXXX the 1/18/11 hearing be continued for 30 days in order to allow me sufficient time in which to find and retain counsel in this matter."

Customer :

I don't feel that will allow me enough time to find a new attorney

Customer :

I have spent hours and days looking everynight

BizAttorney :

You can ask for more then. I just used the standard 30 day continuance.

BizAttorney :

Ask for what you want, but the court is not likely going to give you more than 60 days.

BizAttorney :

Good luck and please accept so that I may helps others! Have a great night!

Customer :

Okay i will

Customer :

thanks so much for all your help. Very helpful and informative as well. :) have a good night.

BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience: Over 12 years of business and legal experience.
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