I have a lawsuit that is scheduled for 9/19/11. I am the defendant. I need to ask for a continuance due to my business is in its peak season and I will lose customers along with lots of money. I cannot make that court date. Later in October will be fine. I faxed a letter over to the court and they told me that I had to get it agreed upon by the plaintiff. Is that true? If so how do I go about getting a continuance scheduled later in October? What are the procedures I should take?
sent letter to court
The court/Judge has to sole authority to approve a continuance, as he/she is the person that sets the dates & hears the cases, not the defendant or the plaintiff. You may have to file an official request with the court requesting a continuance, not merely a faxed letter. The Judge would then make a decision on granting it or not and inform you of same. Having said that, courts require both parties be made aware of any court date changes, but that is normally done by the attorneys involved or the court clerks, but still with the approval of the court Judge.
Your jurisdiction may be different, as some are, but I find it unusual to expect parties that are having a dispute to the extent of having to go to court for a resolution to contact each other before court for anything, much less scheduling issues, this is normally done, if necessary, between & by the attorneys, if any are involved.
This is my opinion based upon my experiences, and as stated different courts and jurisdictions have the right and authority to set their own court rules, within certain guidelines.
Hope this helps,
20 years experience