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Civil Continuance

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I am a defendant in a civil lawsuit in Fl that was originally scheduled for August. Court put it off until November. I just heard from my attorney that he wants me back to Fl to prepare for trial. Under what grounds can I ask for a continuance? I have not been subpeonaed, as I have moved since all this litigation began. Please help. I would like to get a feel for this before I ask for one from my attorney.



Dear Debs:
It's not surprising you haven't been subpoena'd; you're a party, not a witness. The grounds for requesting a continuance usually depend on the local Rules of Court or state Civil Procedure Code and the individual judge. Often, opposing parties will agree to one continuance and often judges will grant a request for one continuance. Since I'm not in FLA, I can't tell you what FLA law is on this matter, but you can probably find it on the web. For state laws, go to htt://law.freeadvice.com/resources/statelaws.htm; for local Rules, go to your local court website; most courts will post the local rules. But if you're already represented by an attorney, why not just ask him/her? The attorney should know this stuff off the top of his/her head. If you don't trust your attorney, get one you do trust but do it quick; sounds like your trial is about to start. If you don't want to go back to FLA for trial prep, ask your attorney if you can prep via emails and teleconferencing (local copy stores should have set-ups you can rent). Good luck with your suit.

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