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Roy Lee Comer

Roy Comer’s Answers

4 total

  • How many times can a judge continue a court case?

    Is there a limit?

    Roy’s Answer

    To build on what the previous answers have provided, it is not clear from your question whether the new trial dates are ordered by the judge, or at the request of opposing party.

    If by the judge, there is (by definition) no limit, because the judge is the one that controls the courtroom. Sometimes there are just too many cases to be heard in that courtroom on that day ... similar to an airplane overbooking the flight. Sometimes the judge reschedules the case to "force" the parties to keep talking settlement. The reasons are only limited by the imagination of the judge, since there is no one (other than the presiding judge) and nothing (other than the Canons of Judicial Performance) to require the judge to hear a particular a particular case at a particular time.

    On the other hand, if the case is continued at the request of opposing party, each request must show "good cause" for the new date. "Good cause" is a loosely defined reason, and is is entirely up the judge, in his/her discretion, to determine whether the reason/excuse for the request for a new date is good enough.

    One limitation, though, your state certainly has a statute that forces mandatory dismissal of the case if it is not brought to trial within a certain period of time. In California, that limit is five years from the date the complaint is filed. So, be certain that the judge does not give a new trial date *beyond* your state's statutory maximum time.

    This is general information, since I"m not licensed to practice in Virginia. Of course, this does not mean we have an attorney-client relationship.

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  • Just received a notice in the mail the state VS me !!! i have no idea what that is , how can i find out before i go ? thank you

    I just received this notice in the mail where it says STATE VS. My name , i have no idea what this is all about , how can i find out what is it before i go to court so i would be prepared ? thank you .

    Roy’s Answer

    Building on the previous answer--it depends if this is a criminal or civil case. If criminal, you've been charged with a crime, and you will want to call the District Attorney for the county that is listed on the first page of the complaint to determine what the charges are.

    I suspect, however, that this is a civil (not criminal) matter and you are being sued to either (1) pay money back to the state or (2) do, or stop doing, something that violates a state law.

    The easiest and fastest way to find out what the case is about is to call the attorney's office that is listed on the very first page. Every one is entitled to due process--defined as the right to know the facts and law that takes liberty or property from anyone--and if you truly don't know what the claim is by reading the paperwork, you must call the attorney for the State and talk to someone to learn what the claim is about.

    Please do so IMMEDIATELY. There are time limits to your ability to challenge the State's claim. The old saying "If you snooze, you lose" applies in lawsuits, and if you act too late, your defenses and any right to claim money damages or other relief against the State may be forfeited.

    Please note: I am not licensed to practice in Georgia. This is general information on procedure that applies across the United States.

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  • If you file a demurrer, are you making an appearance in c case?

    details: my self storage wants me out for discriminatory reasons. Because I am disabled and was contacted by the Chase Fraud dept. that this storage company is double billing me. I just paid them $1800 because they horded my checks and filed su...

    Roy’s Answer

    Filing a demurrer is the legal equivalent of "so what?" You are, in essence, asking the court to rule that *even if* the facts of the case as pleaded in the complaint are taken as true, you have no legal liability to the plaintiff that started the law suit. Unfortunately, unless your demurrer is the proverbial "silver bullet" -- that it will actually dispose of the case at that stage -- the plaintiff is given another change to amend the complaint (almost always, and in 30+ years of practice, I've never seen a judge rule that the plaintiff doesn't have at least one chance to amend the pleading.)
    Bottom line: unless you think you can knock the case out with a demurrer, all you do is educate the plaintiff to the defects in his/her/its pleading. You're most often better off finding out the facts that the plaintiff claims are the basis for the lawsuit through discovery and moving for summary judgment. And that, unfortunately, may be beyond the skill level of persons not trained in the law. Sorry about that.

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  • How do i file a continuance?

    My attorney has withdrawn from my case and I need to file for a continuance for my upcoming court hearing.

    Roy’s Answer

    While I am not licensed to practice law in Ohio, (California lawyer, practice for over 30 years, and I teach Civil Procedure as an adjunct professor) the rules regarding a request for a continuance of a trial or a motion are generally the same from state to state. The judge has the inherent authority to regulate the matters in his/her courtroom. All parties have the right to expect an orderly process of bringing disputes before the Court for resolution. The competing policies of timely resolution versus full and fair presentation of evidence are weighed by the judge in any application to reschedule any matter on the Court's calendar.

    Your jurisdiction will require "due process" -- the procedure of providing all parties to the action with notice of your intent to ask the judge for an order rescheduling the hearing -- and the time limits are set forth in the Code of Civil Procedure.

    Once you have calculated this and the format to the motion/application, the most significant document will be the declaration or affidavit indicating the factual basis for the request.

    Most likely, however, if the attorney's withdrawal is relatively recent (within 60 to 90 days) and if you do nothing before the hearing, and if you show up with a specific request to the judge in court that you'd like to reschedule the hearing sufficiently in the future to allow you to seek counsel, the judge will grant your request. In the most part, judges would prefer the parties to have counsel to provide assistance to each party in the regulated procedure of trial so there is a minimum of wasted judicial resources.

    I hope this helps.

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