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If I am unable to show for court that is out of my county…

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If I am unable to...
If I am unable to show for court that is out of my county can I call the court?
Submitted: 2 months ago.Category: Family Law
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Answered in 1 minute by:
5/31/2018
Family Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and no attorney-client relationship is formed. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

What type of hearing is this for? Criminal, civil, family court?

Thanks for clarifying!

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Customer reply replied 2 months ago
Family
Family Lawyer: Nisha Jones,
 replied 2 months ago

No unfortunately you cannot call the court to reschedule the hearing.

If you won't be able to make it to a hearing, you will need to file a request for a continuance in advance.

The judge can then approve the request, and reschedule the hearing date.

You can contact the clerk's office at the family law courthouse where the case is being heard, and inquire as to whether they have any template forms available that you can use to request the continuance.

If you have an attorney, this is something your attorney can draft and file and reschedule on your behalf.

It's important that you have the continuance approved beforehand, or you could be found in contempt of court for failing to appear or end up with a default judgment entered against you.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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Customer reply replied 2 months ago
I was given the summons just yesterday and court is in the morning... it’s over a hour away and I won’t be able to attend
Family Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear that. The summons should have been provided to you at least a couple weeks in advance.

Unfortunately the same court procedures apply -- a continuance is only granted through a written request in advance.

You should try to make it into court, or have an attorney appear on your behalf, or you could end up with a default judgment entered against you.

I hope that helps! Let me know if you still have any questions about this.

If not, don't forget to rate so I can be credited for my time and help with your question, thank you!

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Customer reply replied 2 months ago
I have no transportation
Family Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear that. Unfortunately all of the same rules and requirements apply, even with transportation issues.

Unfortunately a lack of available transportation is not something that the judge considers a justifiable reason for missing court, and you can still end up with a default judgement against you.

It's important you try to make it to court to avoid that.

Hope that helps!

Don't forget to rate, thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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