Asking for a Continuance
What should you do if you need a new lawyer before your trial? Asking for a continuance may be your best option, especially if you are no longer confident that your current attorney can effectively represent you at trial. You need a lawyer who is prepared to step in and immediately take over your case. The last-minute trial lawyers at Tauler Smith LLP represent both plaintiffs and defendants in California, Texas, New York, and Florida courts, as well as federal courts throughout the U.S. We can examine the evidence, review the case litigation history, and prepare strong legal arguments for trial in your case – and we can do all of this at a moment’s notice.
Keep reading this blog to find out how you can ask the court for a continuance to get replacement counsel.
What Is a Continuance?
A continuance allows the parties in a legal dispute to postpone a hearing until a later date. When you request a continuance, it means that you are asking the court to change the trial date to a different date in the future.
The process for requesting a continuance can vary, depending on whether it’s a criminal case, a civil case, an arbitration hearing, etc. That’s because different courts or forums have different rules for continuance requests.
Continuance for a Hearing
As a general rule, it is easier to convince judges to issue a continuance for a hearing than a trial. That’s because trials come at the end of the case when all pre-trial documents have been filed, permanent orders have been issued, and everything has already been set in motion. Moreover, judges are loathe to issue continuances for trial dates because both sides have already had a lot of time to prepare and clear their schedules.
How to Request a Continuance in Your California Trial
There are rules and procedures for how to formally request a continuance, and these rules and procedures are usually specific to the courtroom handling the case.
A party in a legal dispute typically requests a continuance in writing: they or their attorney must file a motion with the court. This is almost always done well in advance of the actual trial date. The later your request for a continuance, the less likely the court is to grant it. If you have to request a continuance in person, you should be fully prepared for the court to say, “No.”
Continuances Are at the Judge’s Discretion
Just because a person requests a continuance does not mean that it will be granted by the court. Continuances are discretionary, which means that the judge in your case has a great deal of flexibility when it comes to granting your request for a continuance. Never assume that a continuance will be granted. Until you know for sure that the court has granted a continuance, you need to be fully prepared to show up to court and argue your case.
Judges can be reluctant to grant continuances because they don’t want to allow one party to excessively delay the trial for their own benefit. When deciding whether to issue a continuance, the judge will probably consider the degree to which the other side in the case will be hurt by delaying the trial.
Showing “Good Cause” for a Continuance
Sometimes, a continuance can be agreed upon by both parties, which makes it more likely that the court will grant the continuance request. If the other side does not agree to a continuance, then you will need to convince the judge.
Basically, the judge in your case needs a good reason, or “good cause,” to issue a continuance so that the hearing can be continued later. It is important to keep in mind that you need a better reason than “I’m just not ready for trial.”
Some of the reasons that might necessitate a continuance include:
- You need additional time to secure an attorney to represent you in court.
- You need more time to gather evidence because the other side has been stalling on discovery requests.
- You need more time to locate witnesses who are critical to your case.
- You can’t show up to the scheduled trial date because you have a medical procedure scheduled or there was some kind of medical emergency.
- One of the parties is unavailable on the scheduled trial date due to death or illness.
- One of the attorneys is unavailable due to death or illness.
- You have a conflicting legal hearing scheduled for the same date.
- There was a significant and unexpected change in the status of the case.
- Trial counsel had to be substituted.
Replacing Your Current Attorney with a Skilled California Trial Attorney
If you need time to find emergency counsel to handle your business fraud case, breach of fiduciary duty complaint, intellectual property claim, employment litigation, or any other type of legal matter, you may want to request a continuance. It’s possible that your current lawyer simply isn’t getting the job done. Maybe they are pushing you to accept a bad settlement offer because they are afraid of having to win at trial. Maybe they aren’t returning your phone calls or keeping you informed about what is happening with your case. Regardless of the reason, you need a new lawyer – and you need one fast, especially if your next court hearing or trial is coming up.
Judges expect the party who is requesting a continuance to have been diligent in preparing for trial. If you have not made a reasonable effort to obtain replacement counsel, the judge may deny your continuance request. Additionally, the judge will likely ask you why you failed to inform the court about any problems you were having with your previous counsel. That’s why you need to stay on top of things and act quickly when you realize that your current attorney is unprepared for trial.
Need Last-Minute Trial Representation in a California Court? Contact Us Today
Do you have a court hearing or trial that is about to start in California? It is imperative that you take immediate action and reach out to the Tauler Smith last-minute trial team. Do not wait! The reality is that the judge in your case may not grant an extension, and you could find it difficult to move on from your current attorneys if you delay. You need to speak with an experienced litigator ASAP.
