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  1. #1
    Join Date
    Oct 2016
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    Default How Many Time Sand Why Can a Plaintiff Ask for a Continuance

    My question involves collection proceedings in the State of: New Mexico
    the lawyers suing me have requested a continuance 5 times, and the latest reason is that they will be out of town . can i request a dismissal on these grounds?

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: How Many Time Sand Why Can a Plaintiff Ask for a Continuance

    Quote Quoting tlmnm
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    My question involves collection proceedings in the State of: New Mexico
    the lawyers suing me have requested a continuance 5 times, and the latest reason is that they will be out of town . can i request a dismissal on these grounds?
    Have you ever properly objected to the requests, in writing, in response to their motions for continuance?

    Motions often get granted if there is no formal objection submitted to the court.

    The court won't know your position on the continuances unless you submit that position in writing. That's when you ask for a dismissal.

    Trouble is, even if you get a dismissal, it's likely to be without prejudice so the case can be reopened unless the lawyers' behavior is egregious and prejudicial to you. Then you might get it dismissed with prejudice so it can't be reopened.

  3. #3
    Join Date
    Oct 2014
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    8,238

    Default Re: How Many Time Sand Why Can a Plaintiff Ask for a Continuance

    When one side moves for a continuance, the other side may object. The court then rules and either grants the continuance or not. You are not likely to get a lawsuit dismissed over several continuances — if the court granted the continuances then it must believe the continuances were justified, and if the continuances were justified then there is no reason to dismiss the lawsuit.

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