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NEED A QUICK ANSWER -- SCC trial

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spike1951

Guest
What is the name of your state? Florida

I have a trial date set in about 3 weeks. The Lawyer assigned to represent a large company has asked for a hearing to move the trial out 2-3 weeks since he is involved in another trial out of town.

1. Do I have to agree to change?

2. Can the judge change it if I don't agree?

3. Are their disadvantages to me, if I agree to move the trial date for this reason?

Thanks
 


I AM ALWAYS LIABLE

Senior Member
spike1951 said:
What is the name of your state? Florida

I have a trial date set in about 3 weeks. The Lawyer assigned to represent a large company has asked for a hearing to move the trial out 2-3 weeks since he is involved in another trial out of town.

1. Do I have to agree to change?

MY RESPONSE: No, not at all. As a matter of fact, you can argue against a "continuance."


2. Can the judge change it if I don't agree?

MY RESPONSE: Sure can, and most likely will. The administration of justice, and the "convenience of the court" will take precedence in this matter - - especially when there's a trial taking place in a court of superior jurisdiction.

3. Are their disadvantages to me, if I agree to move the trial date for this reason?

MY RESPONSE: Only if your witnesses are from out of town, and it would be impossible for them to fly to your jurisdiction at a later date. Also, if certain evidence could be spoiled due to the time differential (some cases have to do with spoilable goods, and "time" is essential and of the essence).

Absent these, and perhaps and some other narrow circumstances, the Motion for Continuance will most likely be granted.

IAAL
 
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