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Irwin Law
Irwin Law, Attorney
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Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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How do I file for continuance to delay anything for a year

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How do I file for continuance to delay anything for a year or so after any activity past Aug 20? Any good templates out there you can recommend?

I won a taiwanese government scholarship to study at a top world ranking university in taipei for 1 year.

I heard that with proof, most judges will more than likely not delay it. Note that this case has been inactive for a year and a half - a defamation case that's going no where, so time is obviously not of the essence to them.
Is there anything like a hearing on Motions, Pre-trial conference etc.. scheduled between now and Aug. 20 when you leave for Taipei?
Customer: replied 3 years ago.

I'm hoping for one from my end -- I'm about to file a motion for summary judgment in a few days, hoping it will be scheduled before then. I'm also wondering how I can ask if it's possible to request the hearing before aug 20th, or if not, i need continuance? Everything is so crunched it makes it hard to know what to do!


 


What if i schedule a motion for summary judgment and it ends up being after aug 20th? Whew.. pressure...

If you file a SJ motion now, they have 30 days to respond, then the court can set a hearing. That will certainly be after 8/20/13. If the case is at issue and eligible to be set for trial, you might file a motion for a trial setting and specify that it be after 8/20/14 giving your absence from the country as the reason. You could request a trial date in October 2014. Then file your SJ motion when you return. If you don't think the other side is going to pursue the case you could leave without doing anything, and then file a motion to continue anything that happens to be set while you're gone. You should also consider filing a notice of change of address for the year period with the court and in the same notice ask for a stay of any proceedings while you are absent. Do that right away with copy to the other side. If they don't file objections, the court will probably grant it before you leave. This is not an everyday event in a lawsuit and there is no template for it. Just write it up in plain English. You could title it "Notice of Temporary Change of Address and Motion For Stay of Proceedings". Doing that, or nothing is a judgment call. You know the nature of the case and the other side. Cases can typically sit for several years before the court notifies the plaintiff to either move forward with a trial date, or the case is dismissed for lack of prosecution.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Customer: replied 3 years ago.

Thank you !! That helps a lot. Great idea.


 


These guys are scumbags, to word it politely, so as soon as they see change of address they will probably do "anything" just to try to make me default. However, since I have no money and no assets, maybe defaulting will hurt nothing but my pride? I'm only going to taiwan solely based off a scholarship stipend which is not even my money.


 


Ok, so I'll file a "change of address; stay of proceedings; certificate of service (to show i delivered to other party, right?)" and google how to do these. Under the change of address, title it "Notice of Temporary Change of Address and Motion for Stay of Proceedings".


 


Alternately, is there a way to delay anything for a year (and few months), without actually setting a court date? I'm thinking ahead, what if I get an option to stay for an extra few months but I have a court date set and limited time for my motion?

You can't cover every single contingency in advance. You have to meet the situation as it develops. If you thing the other side won't know you're gone and doesn't intent to push the case to a trial, you might be better off to do nothing. Be sure that you get your mail wherever you go. Good luck.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

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