what does it measn to make a motion
Past Leslie Lorenzano
Cordell & Cordell Divorce Lawyer
A common question parties in a family law matter enquire is, "How long will this process have?" What ofttimes drags out the process is a Motion for Constancy.
Courts commonly schedule a hearing simply by looking at its own calendar of availability. The court then sends out an social club setting the hearing date and fourth dimension to the parties and their divorce attorneys.
Thus, often a situation arises where either a party or his/her chaser has a scheduling conflict with the date selected by the courtroom.
A common remedy to this state of affairs is to file a Motion to Continue the hearing, which requests that the court reschedule the hearing for a new date and fourth dimension.
This will commonly result in a later hearing date than the one presently reserved, as the court's calendar continues to fill up after your hearing was scheduled.
While having your hearing pushed to a later engagement tin be frustrating, it could actually do good your case in some circumstances.
Benefits of a Movement for Continuance
A continuance gives you and your divorce attorney more than time to fix for your hearing. This would include time to consult experts and maybe retain expert witnesses; obtain a professional appraisal on property or an evaluation on custody or parenting time issues; conduct a deposition for the opposing party or their experts; or simply have more time to develop your strategy and testimony.
These options can help you use the additional fourth dimension to your advantage for your case, so that it is non time lost overall.
You tin can also use this time to attempt to negotiate a settlement or attempt arbitration if y'all have not done and so.
Settlement may not seem like an pick in your case, merely mediations have been able to procure settlement for highly-contentious cases. If you take the fourth dimension, and the funds, arbitration can help you endeavour to settle your matter before the court hearing, thus ending the conflict on that day.
Even if arbitration fails, you can withal gain valuable information from mediation regarding the opposing party'southward arguments that he/she will nowadays in court, so that you can ameliorate your strategy accordingly for the final hearing.
How a Continuance Could Harm Your Instance
While both of the above circumstances can exist used to gain do good from a continuance, in some circumstances, continuing your hearing could be detrimental to your case.
For example, if you are requesting a hearing on which school your child will nourish in the autumn, you don't want to risk your hearing taking place after the school year starts if you can avoid it.
Some states' courts require the party requesting the continuance to cheque if the other party objects to rescheduling the hearing.
If yous are in a state of affairs where a continuance would run the risk of harming your case, you can let the opposing party know that y'all object to the continuance. The party filing the Motion to Go along must include in his/her Motion if the other party does object. It volition then be in the guess'southward discretion whether to grant or deny the asking to reschedule the hearing.
If yous strongly object to the continuance and have unique reasons for objecting (i.e., the school example above or you allege a continuance would endanger your children for a specific reason), you tin can file a written Objection to the Motility to Proceed, and file it with the court.
The court generally rules on continuances rather promptly, so if y'all intend to file a written objection, your attorney volition want to work with you rapidly to file before the judge rules on the Motility to Go along.
At the Cordell & Cordell family constabulary business firm, our team approach with multiple family constabulary attorneys available can benefit your case if a scheduling conflict arises for your lead chaser.
Sometimes, so that we do not have to delay a hearing on your example that may effect in negative consequences, we will cheque with the other attorneys in our office to see if someone is bachelor to represent yous at your hearing if we are unavailable on the date the court selected.
While we may try to avoid this for final hearings in your case, if y'all accept a strong objection to standing a hearing, many of our attorneys are available to leap in when needed and assist in litigating the case if there is a scheduling conflict for another attorney.
Ultimately, the judge may (and often does) grant the continuance over an objection if the party requesting the continuance has a legitimate scheduling conflict.
In some circumstances, such as emergency hearings, the court may all the same deny a constancy request even if there is a scheduling conflict if the court feels that standing the hearing would possibly endanger children in the matter or cause undue prejudice against i party.
While you cannot always control how the courtroom will rule on a Motion to Go along, the higher up information outlines your options for letting the court know your feelings on the Motion, and as well provides you with data on making the best of a constancy if information technology is granted.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Indianapolis Divorce Lawyer Leslie Lorenzano, contact Cordell & Cordell.
Source: https://dadsdivorce.com/articles/motion-for-continuance-what-it-means-and-what-to-consider/
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