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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90168
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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For PaulMJD My pre-trial conference is Friday morning. I am

Customer Question

For PaulMJD
My pre-trial conference is Friday morning. I am guesing if the judge dismisses the case there and then, Ican not submit my motion for continuance or motion to appoint counsel? Is that correct?

Can you give me some started words, phrases that relate to how to affect my plea for a continuance and appointment of counsel?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
The case generally is not dismissed in a pretrial conference. The pretrial conference is where all of the issues still in dispute are presented to the judge and the judge will try to find out how close you are to agreeing on any issues or if any settlement can be worked out. The judge is going to heavily push you to try to settle this matter and he will push the other party to try to settle as well and as I said you need to consider sending over an offer of settlement to the other party tomorrow to try to resolve this matter without trial, because the judge is going to push you to try to settle the case.

Your plea for continuance is a bit easier than the appointment of counsel, as you saw by the case law I gave you previously. For the continuance, you need to bring proof from your doctor about your needing to be hospitalized and not being able to come to court for however long the doctor says you would be unable to go to court. You need to impress on the judge the severity of your condition and need for hospitalization.

As far as appointment of counsel, you have to show how your right to life and liberty is being so infringed upon that due process and the confrontation clause mandates that the court appoint an attorney to protect that right. You have to demonstrate what part of your life and liberty are at stake in this trial to make appointment of counsel mandatory under the constitution and those are the points you need to argue to the judge.

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Customer: replied 1 year ago.

Your citations of law, are most likely great, however, I can not access them. I am not a member.

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry that you cannot access the links, but unfortunately this is why we really are not a research service. Because of copyright issues, I am afraid we cannot post the whole case here and you will have to search the citations at http://www.findlaw.com, google or you will need to get a temporary subscription to http://www.fastcase.com if you want to access them.

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