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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41628
Experience:  Texas lawyer for 30 years in Estate law
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When you are summoned to probate court and then find that

Customer Question

when you are summoned to probate court and then find that you feel you want an attorney, can you stop the proceedings until one is obtained?
Submitted: 2 years ago.
Category: Estate Law
Expert:  RayAnswers replied 2 years ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.Yes generally the court would grant you a continuance to seek a lawyer.You would make an oral motion here to the judge.This is generally good cause here in SC to grant such a continuance.

Reference to SC law

i) Continuance.

(1) For Cause. As actions are called, counsel may request that the action be continued. If good and sufficient cause for continuance is shown, the continuance may be granted by the court. Ordinarily such continuances shall be only until the next term of court. Each scheduled calendar week of circuit court shall constitute a separate term of court.

(2) For Absence of Witness. No motion for continuance of trial shall be granted on account of the absence of a witness without the oath of the party, his counsel or agent, to the following effect, to wit: That the testimony of the witness is material to the support of the action or defense of the party moving; that the motion is not intended for delay; but is made solely because the party cannot go safely to trial without such testimony; that there has been due diligence to procure the testimony of the witness or of such other circumstances as will satisfy the court that the motion is not intended for delay. In all such cases where a subpoena has been issued, the original shall be produced, with proof of service, or the reason why not served, endorsed thereon, or attached thereto; or, if lost, the same proof shall be offered with additional proof of the loss of the original subpoena. A party applying for such postponement on account of the absence of a witness shall set forth under oath in addition to the foregoing matters what fact or facts he believes the witness if present would testify to, and the grounds for such belief.

You would present an oral request on the record and give judge a time frame you need say a couple of weeks.

It also helps if you at least a couple of names in mind, this sounds more definite.

You can locate those here..

A lawyer will help preserve your rights no doubt and is a good idea if you can.The court usually grants such a request and gives you more time here.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

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