Can You Legally Mail a Continuance in California
Getting a Continuance
I am a defendant in a civil action in Los Angeles Superior Court. I have just been served. I need time to raise money to hire counsel. I need to ask the court for an extension of time for the intitial response (30 days) so that I can get counsel. I need to know how I get more time, what form I might need to file with the court, how this is done.
Michael
Asked on 4/21/02, 11:56 pm
5 Answers from Attorneys
Re: Getting a Continuance
You have to ask opposing counsel for continuance....you should follow up with a letter confirming the continuance. Mo number is 818-481-9284...I can help you out for a nominal cost.
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Re: Getting a Continuance
You need to call the clerk for the department the case is filed in to reserve a time for hearing. You need to prepare a Notice of Motion, Motion for Extension of Time to Respond, and Points & Authorities in Support Thereof. You should also prepare a Declaration under penalty of perjury outling the reason for the extension. That needs to be filed along with the Motion. You will also have to pay your first appearance fee. When you talk to the clerk ask how much that is. Your check will have to accompany the documents you file. If there is no payment the documents will be rejected. You will also have to service copies on opposing counsel. Your Motion must comply with LA County Local Rules of Court and be in the proper format. Once your papers are filed you will have to appear on the date set in the department for argument. You can look at The Rutter Group California Civil Procedure for samples and discussion. Good luck.
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Re: Getting a Continuance
Thanks for your question. You should ask opposing counsel for a continuance of 30 days. Then, send a written confirmation of your phone conversation indicating the date and time of your call as well as the original and new due dates for filing an answer. Opposing counsel has no duty to give you an extension, though, so you will either have to file your own answer (in the proper formant) within the proper time, bring a Motion as suggested (good luck) or hire an attorney as soon as possible to file an answer for you. Courts generally do not like persons representing themselves (called "in pro per") and will not bend the rules or be kind or helpful. Also, LA Sup. Ct. has very complex local rules by which you must abide. I will gladly discuss this matter with you if you would like.
Thanks and good luck.
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Re: Getting a Continuance
I dont think the court can grant that but the attorney who filed the lawsuit can. If you have trouble finding an attorney who will work with you let me know. I do a lot of these at very low cost.
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Re: Getting a Continuance
You will have to file a Motion to Allow more time in which to plead. There is no "form", but this type of Motion needs to be on 28 line paper and requires Points and Authorities. You also could file a Answer "Form", but you must put proper affirmative defenses. If you fax me the complaint to 714 363 0229, I will provide you with free consultation.
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