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Corey James Speweik

Corey Speweik’s Answers

1 total

  • Motion for continuance and psychiatric evaluation.

    I am Pro-Se and have trial in 3 day and have just today received the Guardian ad Litem and child psychologist report today. They were supposed to be in a week prior to trail and now 3 days before trial I am finally getting them. There are things t...

    Corey’s Answer

    There are really two issues to address here as they pertain to a continuance: first, the lack of timeliness of the GAL report and second, the psychological evaluations.

    The underlying factor here is that a Court has full discretion of whether or not to grant a continuance- it is up to you to convince the Court that a continuance is proper and necessary.

    When a trial schedule is set, deadlines are usually imposed for submitting reports, disclosing witnesses, etc. While each court may have its own rules, the general concept is to allow both sides to have ample opportunity to prepare for trial. A motion for a continuance based on the lack of time to prepare because of the actions of the opposite party would seem reasonable.

    As for the psychological evaluations, being only three days away from trial may be cutting it too close. This is a motion that should have been raised much earlier- probably when the order was issued requiring one of the parties to submit to psych evals and not the other.

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