Tuesday, August 24, 2010

Can I get a family law case adjourned by self representing myself?

If I self represent myself in court, can I request, or some other way get the case adjourned to allow me more time to arrange professional legal representation that I havent had time to arrange before the court case?Can I get a family law case adjourned by self representing myself?
You can ask. The court won't be real sympathetic if you've had plenty of time to find a lawyer already.Can I get a family law case adjourned by self representing myself?
You can always ask. Since you are self representing they are usually more lenient.





Weather you will get it depends on a lot of things.


But one question is who filed? Did you file or the other party? What kind of family law case is it? Is Time an issue?





For example an ex-parte (emergancy)hearing regarding the child custody due to safety issues will never be delayed. But the orders in these cases are only temporary until a formal full hearing is made.





If you filed the case, you may be less likely to get a delay than if the other person filed.





There are just too many things to guess with this little infomation. There are just tooo many types of family law to try to predict if the judge will give you a delay.
File a motion for continuance with the reasoning and serve it on the other party and file it with the court. Since it is just a motion for continuance, you don't have to make personal service. Just mail or fax the other party the motion and make sure you also file a signed and dated document stating that you sent it via fax, mail, hand delivered, etc. Make sure the signature on the affidavit for your reasoning is notarized though.





Don't wait til the last minute though. Do it immediately so your motion will more likely be granted. As long as you are asking for the continuance in good faith and for a valid reason (seeking counsel is usually grounds) then they will probably grant it. Just make sure you state that you are actively seeking representation and that it is not meant for delay.
If this is your first hearing then you might be able to have it adjourned in giving you time to get an attorney.


In self representing there is only the facts of evidence that is being heard and you can't do what attorneys does professionally. You don't want the wrong words to come out and you don't want to get the judge mad with also understanding that even if you request such to be adjourned it will be up to the judge for they don't usually like adjourned hearings for their schedule is a very busy one.
You can ask for a continuance, but it is up to the court. If the court thinks that your purpose was to delay the proceedings, or that you have had plenty of time to get counsel, then the motion for a continuance will be denied. If you ask for a reasonable continuance, and give plenty of notice, and give a decent reason why you are not ready, the motion will be granted.
Ask for a different hearing date. This may be possible by phone, forms or by simply asking the judge. It will depend on your particular court. Check the local court website for options.





If you can find your way around the Code of Civil Procedure for your state, you can do just about any action that is appropriate. It is all up to the judge to decide after that. You are expected to research such procedure.





It is called a continuance, from what I understand. Findlaw.com will have the full code for your state and it is free.
if you elected to represent yourself from the very beginning and turned down legal aid or a lawyer, its unlikely a judge will be sympathetic.. you should have thought more about your representation from the time the court issues were raised..
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