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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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I need to ask the court continuation of a trial date. The

Customer Question

I need to ask the court for a continuation of a trial date. The court has canceled it twice and on those times I did not have the money for an attorney. I have just found some funding so now I can go hire an attorney but the trial is in 3 weeks. When I
file , do I need a motion, a Memorandum of law and an affidavit to ask for a continuance? Is the fact that I'm requesting that I now have money to get an attorney a reason the court would allow it or is that of little concern to them?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Evening,

I will try to best answer your question..

I would hire attorney first and then have attorney request continuance so he or she can have sufficient time to prepare. Since you requested the last continuance they would be more likely to grant continuance to your attorney. Plus it will prove you have hired and attorney. The judge would rather you be represented for a trial as it will make judges job easier.

Customer: replied 1 year ago.
I thought the same thing. I called an attorney that was highly recommended for the issues coming up and his assistant talked with him and he said he had trial and hearings that day and then she told to get it continued and then if I was got that done he would take the case. It seemed backwards to me as well but should I try and get the attorney to take the case and then have him ask for a continuance?
Expert:  mmdesq replied 1 year ago.

Well it would be nice to be able to say you retained that particular attorney and he is unavailable that date and that would be the necessity for the continuance. I would ask the train you're in contact with, or his staff if you can pay the retainer and that way he can enter his appearance and request the content of the trial date. If he is unwilling to do so I would file your motion for continuance stating the fact that you have hired an attorney and the continuance as he is unavailable that date.