How many times can I postpone court date?

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Latest post 05-02-2009 1:18 AM by savsaroglu. 3 replies.
  • 05-01-2009 10:25 PM

    How many times can I postpone court date?

    I involved an accident. The guy backed up and hit my car. However, he changed his statements when he talked to his insurance company. Insurance company denied to pay my damage because of the his statements. I sued the person to the Small Claim Court. Because of my witness, I had to postpone the court date after serving defendant. I just got the new court date. But my husband has army duty in other country and there is noway I can be here at that date.

    I was wondering if I can change the date one more time. Please respond.

    Thanks,

  • 05-01-2009 11:21 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,827

    Re: How many times can I postpone court date?

    Just a layman:

     

    The system leans towards moving cases forward and the defendant has right to have it move forward and I'm not sure the deployment of your spouse is a sound reason why you cannot be present , especially second time around,  its sort of up to judge to grant or deny. Depends....

    To some extent all your personal schedule needs are subordinate to the courts need to move it, you requested it now you make yourself available.

    (Don't let enemy  know you have schedule difficulties--they will attempt to force a schedule unworkable for you.

     

    Whenever I've needed to get a postponement I've good to Judges office and by asking nicely I could generally get to pick a time and date in some range.  The clerk who schedules the Judge probably has a lot of weight as to if its a yes or no--and asking in person may hold weight and if you get a yes you file to form right then.

    Of course if you use counsel they seem to have 101 ways to get delays

     

    My suggestion, if your witness is available,  make time!

     



  • 05-02-2009 12:01 AM In reply to

    Re: How many times can I postpone court date?

    Your husband is not a party to the lawsuit.

    Why would his absence effect your availability for court?

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-02-2009 1:18 AM In reply to

    Re: How many times can I postpone court date?

    Thank you so much for your response. My husband is also a party to this lawsuit. We both have to be available. In fact, we told the clerk officer about our availability. She made a note on the paper. W... very surprised to see the new court date.  

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