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  1. #1
    Join Date
    Nov 2015
    Posts
    22

    Default Continuance Requests

    My question involves court procedures for the state of:CALIF

    My question relates to legal practice in the state of: california

    my brother has a court date for dec 19, 2018 re family law.
    he has no attorney, representing himself, wife has attorney.

    wife and her attorney agree to a continuance to late mar 2019, can the continuance be requested and granted without any court appearances. ( wife says her attorney will appear on dec 19 scheduled court date to request the continuance)?
    Does my brother have to be present on the dec 19th as well re the request? can this be done without any court appearances?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,087

    Default Re: Continuance Requests

    Continuances can be done without a court appearance. If the two sides agree on a continuance, usually a joint motion for continuance would be all that is needed. I wouldn't rely on his wife's attorney doing it at court on the 19th. If he does not have a copy of a court order continuing the matter before the 19th he'd best appear at the 19th and be ready to go in case his wife's attorney tries to go through with the originally scheduled hearing.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,664

    Default Re: Continuance Requests

    Quote Quoting jeffdickey
    View Post

    Does my brother have to be present on the dec 19th as well re the request?
    He'd darn well better be, in case his wife and her attorney pull a fast one.

    And he should be prepared just as if that appearance was the real deal with no continuance.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,061

    Default Re: Continuance Requests

    Quote Quoting jeffdickey
    View Post
    can the continuance be requested and granted without any court appearances. ( wife says her attorney will appear on dec 19 scheduled court date to request the continuance)?
    Does my brother have to be present on the dec 19th as well re the request? can this be done without any court appearances?
    If I were your brother, I would request the continuance either in person or via a stipulation (and proposed order) for continuance. I would not be terribly comfortable having the wife's attorney appear on his own to request the continuance (although that's more than a little bit of a paranoid position to take, and it really shouldn't be a problem).

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