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Adjournment Questions

Adjournment is the act of postponing or delaying proceedings; the end or the dismissal of business by a court. When the court adjournment is final, it is called "sine die" which means there isn't a date set to resume.

Adjournments are used in legislatures as a way of marking the end of a session. The adjournment is determined by a vote and is used by both state and federal lawmakers. There are many reasons for adjournments. To learn more about this topic, take a look at the questions below that have been answered by Experts.

In New York, how would one ask the court for an adjournment/continuance for a trial, if the person has no attorney and will be representing them self

In most situations, in order to get an adjournment or a continuance for trial, a person will need to file a Motion for Continuance with the court. In most opinions, New York is known for being accommodating to people who wish to represent themselves. Usually, the best option would be to go to the court clerk and ask for assistance. A person could ask for a copy of a Motion for Continuance that has already been filed and use the copy as a guide. You can also go online to sites like http://www.uslegalforms.com to find the forms.

How can I postpone a court date?

You will have to contact the attorney who is representing the opposing party and ask them to agree to an adjournment. If the attorney is willing to agree to the adjournment, they will send a letter to the court stating they agree to the postponement. If you can't get the attorney to agree to an adjournment, you will need to contact the judge by certified mail and request the adjournment. You will need to include the reason for the adjournment. Generally, the judge will allow the adjournment as long as the case hasn't already received previous adjournments.

Can an adjournment be requested during arbitration? Does it matter where the parties are in the proceedings?

You can request an adjournment while in arbitration. Many times people will ask for a continuance which is the same as asking for an adjournment. Both terms mean the same thing; you wish to put the arbitration on hold and reset it for a later time. It doesn't matter what stage the proceedings are in. You will need to contact the other party and tell them you wish to adjourn the arbitration and you will also need to contact the arbitrator and request the adjournment.

Generally, adjournments are requested due to scheduling issues or unexpected emergencies. These adjournments are usually allowed as long as the parties don't abuse the process. You might be charged a fee for an adjournment, so you may want to check with the arbitrator so you won't be hit with an unexpected charge.

What procedure do you need to take to push a preliminary hearing back a couple of weeks?

To request an adjournment of a preliminary hearing, you will need to contact the District Attorney's office. If you can come to an agreement, you will need to notify the court by written letter. However, if the District Attorney's office doesn't agree to the adjournment, you will have to send a letter to the judge and request the adjournment and include the reason for the request.

Is it ok to ask for an adjournment in Family Court until you can speak with and/or obtain legal counsel?

If you want to delay your court date until you can find legal counsel, you wouldn't ask for an adjournment. You would need to ask the court to reschedule your court date. You may have trouble getting the court date rescheduled, because once they are set, it is hard to have them changed. It doesn't hurt to ask the court to reset your court date; however, it is unlikely that it will happen because at this point.Due to the limited amount of time, you should contact your State Bar Association and ask them for information on free or pro-bono legal representation.

An adjournment is requested when a party needs to delay a court date due to extenuating circumstances. The reasons can be scheduling issues or unexpected emergencies. If you are in a situation that requires an adjournment, you should always ask an Expert for legal insight. An Expert can assist you in making the correct decisions when dealing with legal situations.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8690
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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Tina
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Recent Adjournment Questions

  • My wife is charge with 2C17-3A(1) (criminal damage) in new

    My wife is charge with 2C17-3A(1) (criminal damage) in new jersey area.
    My question is?
    1. Is this a serious case?
    2. Would you recommend to hire a lawyer?
    3. Approximately how much it will cost me to hire a lawyer?
  • Hello, I need an NSW layer who is quite familiar with NCAT

    Hello,
    I need an NSW layer who is quite familiar with NCAT in relation to a landlord/tennant dispute. My wife is the landlord. I will ask a series of questions. Once they are answered to my satisfaction I will pay the $70 + a minimum $70 tip.
    Please respond to my email address and send an SMS to ********** I will stay on the web page to allow payment to occur.
    The situation:
    1. The tennant has filed with NCAT claiming repairs are necessary. It was made clear to the tennants (who have been there for some time) that it is an old house in need of renovation and my wife was not willing to spend a lot of money on repairs. This was not put in writing but absolutely agreed to.
    2. While not stated in the complaint, it is believed one of the repairs is for outside steps. We are willing to do those repairs as NCAT would consider it to be a matter of safety and we suspect NCAT acts favorably to tenants.
    3. We believe the other repair was for the roof leaking. On numerous occasions it was observed the tenant did not perform the required clearing of the gutters and we believe that is the cause of the leak. Some time earlier a roof repairer was sent and effected repairs. We are willing to do necessary repairs.
    4. Upon receiving the notice of hearing, we issued the tenant with a 90 day notice of termination. A lease was not in effect. The tenant immediately filed a second complaint to void the notice of termination as it was "retaliatory".
    5. The hearing on the repairs was scheduled for 3 October, the Yom Kippur Jewish holiday. This is the holiest day of the year. We filed an application for an adjournment in which my wife noted she would be in Canberra that day and amended the application to note Yom Kippur. The application was refused based on , and I quote "the application was not supported by either evidence of travel documentation or the concent of the applicant. There is no basis disclosed that enlivens the descretion of the tribunal and the application is refused. The matter remains listed on the above date and your attendance is required".
    6. We have filed a request to have both matters heard on the same day as the second hearing which NCAT scheduled for 9 October. I have filed the request again to have the initial hearing postponed with proof of when the holiday was and substantiaion of the significance of the day. My wife will not appear on 3 October. As further verification Jewish schools close at 1:10PM on that day.
    The questions:
    1. What are our options with respect to the leak in the roof? We believe we will be required to attend to the alleged leak. Can we charge the tenant if no leak is found when the gutters are clear?
    2. Our position on the notice of termination being retaliatory is that it is not. In filing the complaint we believe the tenant has violated the basis on which the property was let and we feel this is just the beginning. This violation was the trigger to terminate the tenancy and not the fact a notice was filed. This very point with respect to repairs was discussed with the tenant a few days before the notice was filed (exact date and time recorded).
    Do you believe this is a valid argument? If not, please suggest another or make appropriate comments.
    3. If the notice of termination is found to be retaliatory, when can we issue another?
    4. What is the worst possible outcome the Tribunal can assess on us on each of the 2 matters?
    5. If the Tribunal refuses to hear the matters together on 9 October, do we have the legal right to insist on a phone conference for attendance on Friday, 3 October?
    6. Please express any other thoughts.
  • In Supreme Court civil. How long can you request discovery

    In Supreme Court civil. How long can you request discovery from the other party before trial? What is the law (if any) for discovery? Can you continue to request discovery following deposition?
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