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MyraB
MyraB, Attorney
Category: Legal
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Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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Continuance

Resolved Question:

My ex-wifes attorney filed the origanal paperwork to modify child support/custody. I need more time to prepare my case. Is there a form I can file with the court requesting a continuation?

Submitted: 11 months ago.
Category: Legal
Expert:  MyraB replied 11 months ago.
Hello and thank you for you question.

Information on filing a motion to continue with template motion form that can be modified for your case can be found here http://www.saclaw.lib.ca.us/pages/motion-to-continue.aspx

Let me know if you need any further information.
MyraB, Attorney
Category: Legal
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
MyraB and 3 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

Ok, Thanks, XXXXX XXXXX helpful. I was wondering about a form I found called "Ex parte application for extension of time to serve pleading". Basically that is what I need the continuance for. I would like to request documents from my exwife. In her declaration she stated issues regarding her finances, her health etc....I was under the impression that since she introduced those issues that I have a right to view documents such as her health records, tax returns and bank statements?

Expert:  MyraB replied 11 months ago.

Thank you for your response.

You can certainly use any similar motion for extension of time. "Ex parte" generally means without notice to the other party and there is no reason not to notify your ex-wife that you are seeking an extension, so you may want to take out the "ex parte" and just file the motion for extension with a copy to her attorney, including in the grounds for the motion that you need additional discovery to address the issues raised in the request for modification.

In addition, a general discussion of CA discovery practice in family court cases can be found here http://www.kinseylaw.com/clientserv2/famlawservices/discovery/discovery.html (Please note that this link to a legal website is meant for informational purposes only and is not a recommendation or endorsement.)
You may want to review the section on "Pre-Modification/Support Termination Request For Production Of Income & Expense Declaration."

Let me know if you need any further information.

MyraB, Attorney
Category: Legal
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
MyraB and 3 other Legal Specialists are ready to help you

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