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  1. #1
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    547

    Default Judge Decides Not To Hear Case

    As most of you know, I live in Canada and have a civil case pending in GA.

    The calender call is set for Feb 22 08 and jury trial for the 25th.

    I have booked the flight, rented a car, booked a motel room and took a week off work for this. At 930am,EST this morning, I called and confirmed the trial is still on. It is.

    An hour later, I get a call saying the judge decided he isn't going to hear the case. It was continued.

    In the paperwork, it is noted that I live up here and ample notice should be given. None was. I called and spoke with the judges sect. and was told he just decided to hear one case of the 8 listed.

    Neither attorney filed any motion for continuance and we are all ready to go to trial. Then this.

    Is this even legal for him to do this?? Isn't there some guideline about having ample notice??

    What can I do??

  2. #2

    Default Re: Judge Decides Not To Hear Case

    Nothing. Judges rule and since it is the judge that will be hearing your case you may not want to rattle his cage.

  3. #3

    Default Re: Judge Decides Not To Hear Case

    Judges can do basically whatever they want. Consider yourself lucky if you don't fly down here, only to have the case continued again. Nothing you can do basically.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Judge Decides Not To Hear Case

    Courts typically schedule multiple trials on any given day (as most cases scheduled for trial settle on or shortly before the trial date), and have to follow rules as to priority (criminal cases before civil, older cases first, cases with an incarcerated defendant before cases where the defendant is free on bond, etc.)

    Sometimes a court will accommodate an out-of-town litigant by offering a "date certain" for a trial - but you have to ask for one.

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