I live in Middlesex County, New Jersey. I'm curious about the laws governing an adjournment.
I am representing myself in a small claims case. The day before the hearing was scheduled, an attorney contacted me claiming to represent the defendant in the case. I had never spoken to this person before. He asked if I would agree to reschedule the hearing as he had just received notice of the case. My witnesses and I had already taken the day off work, and I told him I did not agree to reschedule. He said he would be asking the court to reschedule. He contacted me several times throughout the day, asking if I would reschedule. Each time I told him no. I called the court several times during the day to see if this case had been rescheduled. Each time, representatives of the court told me that: (a) no one had contacted the court asking for an adjournment; (b) all parties had to agree to an adjournment for it to be granted; and (c) all adjournments would go through them, not directly through the judge. Ten minutes before the close of business, these representatives told me the case was still set for 9:00 a.m. the following day. I called and left a message in the judge's chambers stating that I had been contacted by an attorney who claimed to represent the defendant, that I did NOT agree to an adjournment, and that representatives of the court had informed me that the case was still set for tomorrow. We showed up at 9 a.m. The court clerk read off our case number (it was still on the docket), paused, and then said, "I think this case has been adjourned." The judge's secretary and the bailiff met with us outside the courtroom, apologized, but said the judge had decided to grant an adjournment.
I realize this is just small claims court, but we did suffer economic harm (to the tune of approximately $400 in lost wages, and an additional $400 for the second day we will all have to take off work). I'd like to know what the rules are governing adjournments, particularly in small claims court which is ostensibly designed for the average person to represent him/herself fairly. The defendant is a large corporation with limitless resources. I know these can be the most expensive words in the legal world, but IT'S THE PRINCIPAL OF THE THING.
Many thanks.
I am representing myself in a small claims case. The day before the hearing was scheduled, an attorney contacted me claiming to represent the defendant in the case. I had never spoken to this person before. He asked if I would agree to reschedule the hearing as he had just received notice of the case. My witnesses and I had already taken the day off work, and I told him I did not agree to reschedule. He said he would be asking the court to reschedule. He contacted me several times throughout the day, asking if I would reschedule. Each time I told him no. I called the court several times during the day to see if this case had been rescheduled. Each time, representatives of the court told me that: (a) no one had contacted the court asking for an adjournment; (b) all parties had to agree to an adjournment for it to be granted; and (c) all adjournments would go through them, not directly through the judge. Ten minutes before the close of business, these representatives told me the case was still set for 9:00 a.m. the following day. I called and left a message in the judge's chambers stating that I had been contacted by an attorney who claimed to represent the defendant, that I did NOT agree to an adjournment, and that representatives of the court had informed me that the case was still set for tomorrow. We showed up at 9 a.m. The court clerk read off our case number (it was still on the docket), paused, and then said, "I think this case has been adjourned." The judge's secretary and the bailiff met with us outside the courtroom, apologized, but said the judge had decided to grant an adjournment.
I realize this is just small claims court, but we did suffer economic harm (to the tune of approximately $400 in lost wages, and an additional $400 for the second day we will all have to take off work). I'd like to know what the rules are governing adjournments, particularly in small claims court which is ostensibly designed for the average person to represent him/herself fairly. The defendant is a large corporation with limitless resources. I know these can be the most expensive words in the legal world, but IT'S THE PRINCIPAL OF THE THING.
Many thanks.
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