Continuance needed

[Flotus]

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

Hello all, so I have to file a motion for a continuance.

Brief history, opposing counsel has repeatedly asked for continuances which I and we (when I had counsel) agreed to without hesitation.

However, I got a job, training starts on October 31, 2011, and today I received a motion for modification of temporary order hearing on Novemer 1, 2011.

Now I need to ask the court for a continuance as I am not in the position to ask for a day off which would be the second day on the job. In fact, I will be in 3 weeks mandatory training that doesn't count towards the 90 day probation period which would end around early to mid-February.

Can someone please give me feedback in any type of language to include in the letter to the judge and how I should proceed. Do I ask the other side if they agree to it, or just write a letter to the judge?

I'm suspecting since they are trying to modify a temporary order, they are not going to agree, but financially I am drained and NEED NEED NEED this job!!!

 

[tranquility]

You need to get an attorney. It is unlikely the court will wait for that long because of a new job.

 

[Flotus]

You need to get an attorney. It is unlikely the court will wait for that long because of a new job.

Our divorce Pre-trial was rescheduled to because the opposing counsel asked for a continuance of the September date.

I can't control when I get a job. I am bone dry. No money coming in, all going out.

Child support was reduced due to his layoff so I' am now paying for child care in order to work, otherwise my house goes into foreclosure and we're in a shelter because trust me when I tell you I am all tapped out and must work.

To get a lawyer to ask for a continuance will cost me all of next months bills and I can't afford to invest in a lawyer until after a couple months working.

 

[tranquility]

Well, if you can't get an attorney and won't show up, you will lose by default unless you get a continuance. I don't think you will get one. But there are others who have a better sense of family court than I, maybe they will be more encouraging.

 

[Flotus]

Well, if you can't get an attorney and won't show up, you will lose by default unless you get a continuance. I don't think you will get one. But there are others who have a better sense of family court than I, maybe they will be more encouraging.

You are certainly NOT encouraging and I appreciate your input but to say you don't have a better sense of family court is really disheartening because again I appreciate your input but you lack the knowledge to really guide me.

There is no grounds not to grant me a continuance. I can't imagine a judge expecting me to undergo hardship to keep a court date when the option of a continuance is 50/50. That wouldn't be in my best interest financially.

 

[Antigone*]

You are certainly NOT encouraging and I appreciate your input but to say you don't have a better sense of family court is really disheartening because again I appreciate your input but you lack the knowledge to really guide me.

There is no grounds not to grant me a continuance. I can't imagine a judge expecting me to undergo hardship to keep a court date when the option of a continuance is 50/50. That wouldn't be in my best interest financially.

Yea tranq, you have absodanglutely no clue

oh yea

 

[Proserpina]

You are certainly NOT encouraging and I appreciate your input but to say you don't have a better sense of family court is really disheartening because again I appreciate your input but you lack the knowledge to really guide me.

There is no grounds not to grant me a continuance. I can't imagine a judge expecting me to undergo hardship to keep a court date when the option of a continuance is 50/50. That wouldn't be in my best interest financially.

I don't think you quite understand. You have it reversed. There needs to be grounds for a continuance - not grounds NOT to give you a continuance.

Writing a letter to the judge will accomplish nothing, since that is considered an ex parte communication. So you will need to file appropriately - and if you can't figure out the wording yourself, that's a clear sign that you need an attorney.

You need to understand that we cannot give you personal legal advice - nor can anyone here talk you word for word through what you need to do.

 

[Flotus]

I don't think you quite understand. You have it reversed. There needs to be grounds for a continuance - not grounds NOT to give you a continuance.

Writing a letter to the judge will accomplish nothing, since that is considered an ex parte communication. So you will need to file appropriately - and if you can't figure out the wording yourself, that's a clear sign that you need an attorney.

You need to understand that we cannot give you personal legal advice - nor can anyone here talk you word for word through what you need to do.

I don't have it reversed, I was responding to his/her post saying I probably wouldn't get a continuance. I have my letter in draft form (found a template_, I know exactly what I'm going to say to the judge.

I am not retaining a lawyer to ask a judge a yes or no question. That's silly and a waste of money.

ND THE MOST IMPORTANT QUESTION THAT I THINK YOU COULD ANSWER IS...do I write the letter to the other side, or to the judge? Can that at least be answered? LOL, I got my answer.

I write it to the judge, send opposing counsel a copy and wait for the response. I could show up the day of, which is an issue because I will be in job training. LOL, trust I got a sense of how to proceed but wanted some insight guidance, not legal advice.

 

[Proserpina]

I don't have it reversed, I was responding to his/her post saying I probably wouldn't get a continuance. I have my letter in draft form (found a template_, I know exactly what I'm going to say to the judge.

I am not retaining a lawyer to ask a judge a yes or no question. That's silly and a waste of money.

ND THE MOST IMPORTANT QUESTION THAT I THINK YOU COULD ANSWER IS...do I write the letter to the other side, or to the judge? Can that at least be answered? LOL, I got my answer.

I write it to the judge, send opposing counsel a copy and wait for the response. I could show up the day of, which is an issue because I will be in job training. LOL, trust I got a sense of how to proceed but wanted some insight guidance, not legal advice.

Okay then.

Good luck.

 

[>Charlotte<]

I hope the template you're using is correct, because either a motion or an ex parte application requires an extremely specific format.

 

[Antigone*]

FLOTUS = Found Little Out Too Unable to Slistem

 

[Flotus]

I hope the template you're using is correct, because either a motion or an ex parte application requires an extremely specific format.

Yes. I found a link that mirrors the opposing counsels notice of hearing to me.

Thank you.