Continuance chances

[markdavis_2]

What is the name of your state (only U.S. law)? Texas

I am pro se and currently suing someone for damages they caused me in a MVA. The attorney other side is requesting a 5 month continuance due to the defendant being out of town for a 5 month personal vacation. He atty seems really confident that the request will be granted for the full 5 months.

My questions are(1) do you feel the court will think this is a legitimate reason for a 5 month continuance and (2) should I make a written opposition to their motion for continuance?

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

I am pro se and currently suing someone for damages they caused me in a MVA. The attorney other side is requesting a 5 month continuance due to the defendant being out of town for a 5 month personal vacation. He atty seems really confident that the request will be granted for the full 5 months.

My questions are(1) do you feel the court will think this is a legitimate reason for a 5 month continuance and (2) should I make a written opposition to their motion for continuance?

5 months is an awfully long time for a personal vacation...I would certainly file a written opposition. The attorney may still get the continuance, but if you don't file the opposition, he/she definitely will get it.

 

[markdavis_2]

5 months is an awfully long time for a personal vacation...I would certainly file a written opposition. The attorney may still get the continuance, but if you don't file the opposition, he/she definitely will get it.

That's the same thing I was thinking. She made an affidavit saying she does this 5 month vacation every year. I wish I had her life lol.

Thanks!

 

[tranquility]

As to if such a length would be granted for vacation, it would depend on how busy the court is. I agree that in certain circumstances, that seems a long time. I would oppose it also.

Google:
texas motion for continuance opposition

 

[latigo]

. . . . if you don't file the opposition, he/she definitely will get it.

Like anything else related to his forum you know nothing about how protective judges are of their trial calendars!

If the OP is not agreeable, then of course he should resist the motion. But to tell him that if he doesn't, it will be automatically granted again illustrates your reliance on nothing but uneducated, pretentious guesswork!

 

[LdiJ]

Like anything else related to his forum you know nothing about how protective judges are of their trial calendars!

If the OP is not agreeable, then of course he should resist the motion. But to tell him that if he doesn't, it will be automatically granted again illustrates your reliance on nothing but uneducated, pretentious guesswork!

Ok, then lets change that to "its far more likely to be granted if you don't oppose it"...although in my experience its pretty darned unlikely for a judge to NOT grant a continuance if nobody opposes it. Since you are an attorney, I am sure that you could tell the OP, from YOUR experience, how likely it would be for a judge to deny a continuance, when no previous continuance has been granted, if nobody opposes it.

After all, we have an OP here who is asking for advice. We certainly wouldn't want to mislead the OP into thinking that the judge will automatically.. deny the continuance if the OP doesn't object...we certainly would want the OP to understand the value of a timely objection. We of course wouldn't want the OP to assume that YOUR statement indicates that the OP does not need to file an objection in order to maximize the odds that the judge will deny the continuance.

Bad form Latigo...you are willing to harm an OP just to have the opportunity to dig at me...seriously bad form.

 

[Sloop John D]

Like anything else related to his forum you know nothing about how protective judges are of their trial calendars!

That's rude. Can't you just say that he's wrong and give your reason why? No reason to get personal.

 

[latigo]

. . . . blah, blah, blah . . . . . Bad form Latigo...you are willing to harm an OP just to have the opportunity to dig at me...seriously bad form.

“Bad form” – “willing to harm an OP”????????

Work on your reading skills and vocabulary then try re-reading mine to your off handed, unprofessional remark implying that all such motions are granted unless opposed.

If the OP is NOT AGREEABLE, then of course he SHOULD RESIST THE MOTION " (Emphasis added)

Is there something about the English adverb, “NOT’ and the auxiliary verb, “SHOULD” that you don’t understand?

 

[Sloop John D]

Like anything else related to his forum you know nothing about how protective judges are of their trial calendars!

If the OP is not agreeable, then of course he should resist the motion. But to tell him that if he doesn't, it will be automatically granted again illustrates your reliance on nothing but uneducated, pretentious guesswork!

I'm not sure how protective judges really are of their trial calendars. It's fairly common for trials to be delayed for years.

From what I've seen, when a judge believes that both parties are in agreement about rescheduling hearings and trial dates, they tend to grant them. Failure to file an opposition can definitely be viewed as acquiescence.

 

[LdiJ]

“Bad form” – “willing to harm an OP”????????

Work on your reading skills and vocabulary then try re-reading mine to your off handed, unprofessional remark implying that all such motions are granted unless opposed.



Is there something about the English adverb, “NOT’ and the auxiliary verb, “SHOULD” that you don’t understand?

Grow up.....you know what you did.