Husband is involved in accident, while defending civil case

[deidra45]

What is the name of your state? Florida

My husband is involved in a civil case in Florida circuit court. Recently he was visiting another country (where he was born) and involved in a serious accident and is getting treatment there and cannot move out of bed. It may take months or even years for him to recover and to come back to USA. He is unfit to defend himself. The doctor in that country is ready to issue a certificate stating these factors. What to do with this civil case? How to get the further proceedings in the court postponed or stopped until my husband is back on his foot?
I heard that he can file a notice of unavailability attaching an affidavit about his accident.

Please explain the options so that my husband will not be adversely affected by this lawsuit until he is back on his foot. He has no attorney.

 

[Zigner]

What is the name of your state? Florida

My husband is involved in a civil case in Florida circuit court. Recently he was visiting another country (where he was born) and involved in a serious accident and is getting treatment there and cannot move out of bed. It may take months or even years for him to recover and to come back to USA. He is unfit to defend himself. The doctor in that country is ready to issue a certificate stating these factors. What to do with this civil case? How to get the further proceedings in the court postponed or stopped until my husband is back on his foot?
I heard that he can file a notice of unavailability attaching an affidavit about his accident.

Please explain the options so that my husband will not be adversely affected by this lawsuit until he is back on his foot. He has no attorney.

He needs an attorney.

 

[FlyingRon]

Absent him being able to contact the court on his own benefit for a continuance, ZIgner is right. The only way to properly deal with this is with an attorney. You want one in the area that the court case is taking place. Note, he really shouldn't have been dealing with a circuit court case in Florida without one anyhow.

 

[adjusterjack]

He has no attorney.

He'd better have on now. Otherwise he could lose by default or on a technicality.

 

[deidra45]

I thank you for your responses. This is not a new case. the case has been going on, he filed responses, etc. Now my husband is in accident. Yesterday he filed a motion along with notarized affidavit about his health, with help of his friends over there, requesting the court to consider his inability and for extension of time.

 

[Zigner]

I thank you for your responses. This is not a new case. the case has been going on, he filed responses, etc. Now my husband is in accident. Yesterday he filed a motion along with notarized affidavit about his health, with help of his friends over there, requesting the court to consider his inability and for extension of time.

He wasted his time, paper, ink, money, etc.

 

[deidra45]

I thank you for your response. I made mistake in my previous posting. Yesterday he filed a notice of unavailability attaching notarized affidavit about his health, with help of his friends over there...

 

[Zigner]

I thank you for your response. I made mistake in my previous posting. Yesterday he filed a notice of unavailability attaching notarized affidavit about his health, with help of his friends over there...

Again...he wasted his time, paper, ink, money, etc.

 

[FlyingRon]

To amplify on what Zig is trying to tell you. A party doesn't get to file a notice of unavailability because THEY can't make it. The notice of unavailability only applies to the party's counsel (i.e., attorney of record). A pro se party can't use that.

Again, what he needs is an attorney to make an APPROPRIATE motion or to just handle the case.

 

[deidra45]

I thank you both for your response. A pro se person is like an attorney and is there any law that says pro se's cannot do certian things including notice of unavailability?

 

[Just Blue]

I thank you both for your response. A pro se person is like an attorney and is there any law that says pro se's cannot do certian things including notice of unavailability?

Pro Se litigants can do everything an attorney can do regarding their case.

 

[FlyingRon]

A party can NOT file (well, they can, but it will be disregarded) a statement of unavailability on their own unavailability. A statement of unavailability is a statement that the party would be unrepresented because his attorney is not available. It is not for the party being unable to attend (even if they are an attorney or representing themselves).

Look, your husband needs an attorney because apparently neither him nor you understand the legal process.

 

[Taxing Matters]

I thank you both for your response. A pro se person is like an attorney and is there any law that says pro se's cannot do certian things including notice of unavailability?

The statement of unavailability is not applicable here. He is pro se. So all that he can do to get more time is seek a continuance and explain the circumstances to justify the continuance. But frankly, a court is rather unlikely to grant a continuance for many months and certainly won't continue the case for years for this civil suit. His other option is to get an attorney to represent him in this case. The attorney can handle everything in the case without the need for your husband to be present, including hearings, etc. The only problem here would be those instances where your husband's testimony may be needed.

 

[deidra45]

I thank you all for your response. What happens if court does not grant a continuance for many months OR if we put an attorney and my husband's testimony is needed in a hearing what will happen because he is unavailable.

 

[Taxing Matters]

I thank you all for your response. What happens if court does not grant a continuance for many months OR if we put an attorney and my husband's testimony is needed in a hearing what will happen because he is unavailable.

If your husband does not have an attorney and can't present his case because he's not there then the opposing side may win.

However, if he has an attorney and his medical condition prevents him from testifying in person, there may be alternatives that the court would allow for him to present his side of things. For example, the court might allow deposition testimony to be entered into the record, allow him to testify remotely by video, or something else. His lawyer would know that the available options are.