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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27619
Experience:  Lawyer
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My daddy has a court case coming up the 26 of may and he has

Customer Question

my daddy has a court case coming up the 26 of may and he has 4th stage pancreatic cancer. he is unable to attend this case and i have tried for 2 weeks trying to get in touch with the lawyer. messages has been left for this lawyer and no response. the doctor has even faxed a medical document concerning my dad's health. i do not know what to do and dad said he is not goting that he will send his son the represent him. the case is about an accident that happened 3 yrs ago with no one hurt. the truck driver will be in court that day also. please help. i dont want my 80yr old dad going to jail for not appearing in court. thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.
Unless the judge specifically ordered your father to appear, he will not go to jail for not being there- but he will lose the case by default. That's not good, either. Your brother cannot represent him unless he happens to be a lawyer.
There are two options in this situation. The first is for your father to file a Motion to Continue, noting that the plaintiff's lawyer has been ignoring him and all requests to move the trial, and explaining the medical condition. The doctor's note should be attached, along with any emails to the other lawyer. This is NOT something you can file for him, because it's illegal for a person who's not a lawyer to represent someone in court. You can physically walk it into the courthouse, but he needs to create and sign it on his own or have a lawyer do it.
The other option is to hire a local attorney to appear in court on his behalf. It may be possible to find someone on such short notice. A good place to look is www.martindale.com.
If the judge HAS ordered your father to appear or be arrested (which is rare, but it happens), the best thing to do is hire a lawyer to try to get the case continued.
If you have any questions or concerns about what I've written, please reply without rating so I may address them. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively to redirect a portion of the payment you have already made so I am paid for the time I spend answering questions. There is no charge for follow-up questions. Thank you.