How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Irwin Law Your Own Question

Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4831
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
18215332
Type Your Legal Question Here...
Irwin Law is online now
A new question is answered every 9 seconds

How do I file for continuance to delay anything for a year

Resolved Question:

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.
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.
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 1 year 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...

Expert:  Irwin Law replied 1 year ago.

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 1 year 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?

Expert:  Irwin Law replied 1 year ago.

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.

Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4831
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Irwin Law and 5 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.