A limit on number of continuances?

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Latest post Thu, May 4 2017 8:30 AM by ca19lawyer2. 5 replies.
  • Sat, Dec 31 2016 8:04 PM

    A limit on number of continuances?

    Been in court for six years and 60 appearances at Daley Center Parentage Court,  having filed for modification of child support in October , 2010.  My ex has been through four different law firms, and has filed SEVEN emergency motions to delay hearing just before hearing throughout the years.   Each time she's given 28 days to get a new attorney, it turns into several months, with judges granting continuances and more time (though there are orders on file explicitly stating "no further continuances under any circumstances."), and of course then the new attorneys ask for continuances to get caught up on the mess.  She is now searching for her fifth law firm because her previous one got disqualified since my former attorney on the case many years back had merged with their law firm creating a conflict of interest.  In the meantime, my tax refunds have been seized the last couple years, there's been liens on my bank accounts,  my credit's smashed barring me from getting loans, etc, since the modification has never been adjudicated, which both judges that pretried the case said would be result in a reduction retroactive to that date.

    What's in place to stop someone from so many continuances, delays, ad infinitum?   Seems like someone can employ such a strategy just to never avoid adjudication.

  • Sun, Jan 1 2017 5:22 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,417

    Re: A limit on number of continuances?

    SHe can play stall ball until the judge holds that enough is enough or you attorney convinces judge of same ...but ask your lawyer when stretch is likely to be over the line and be abuse .   That said, system favors one is entitled to representation and new attorney is entitled to somemrime to,come up to speed.to represent his or her client....stall ball is a well practiced art. 

     



  • Tue, Jan 3 2017 1:56 PM In reply to

    Re: A limit on number of continuances?

    There is no limit to the number of continuances that a party may request.  It is up to the judge's discretion to grant or not grant a continuance.

  • Wed, May 3 2017 4:32 PM In reply to

    • GlennYost
      Consumer
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    • Joined on Wed, May 3 2017
    • NY
    • Posts 1

    Re: A limit on number of continuances?

    I think they should put a limit on the number of continuances that are allowed.  I was curious on this same general question. Does this still apply in 2017? I think what freedom2013's experiencing is too common and unnecessary. 

  • Wed, May 3 2017 4:40 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,469

    Re: A limit on number of continuances?

    Does what still apply in 2017?

  • Thu, May 4 2017 8:30 AM In reply to

    Re: A limit on number of continuances?

    GlennYost:
    Does this still apply in 2017?

    Does WHAT "still apply in 2017"?  My comment, posted on January 3, 2017?

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