Can I ask for a continuance in my case...

Asked over 1 year ago - Los Angeles, CA

I was served with the TRO on Thursday afternoon, so I started working on the case to present the judge my side of the story. The hearing is 9 hours away so I can not show up there but will have to send a written report refuting the fallacious claims against me. So I spent 2 days working and that left me with the weekend, and there is the holiday this Tue....as you know it takes 2-3 days to send a letter. Not only that but I found out that for my refutations, I need to send it through a special fax filing service. Anyways, so today is Monday and I am going to respond to the person who filed the TRO on me, but our hearing is on Wednesday afternoon, so it won't get there on time, not to mention that I wanted the judge to look through my info with enough time which I will provide him.

Additional information

in what situation the judge might not grant me a continuance do you think...as far as I know it is my right but I heard that sometimes they will not grant it. I have good defense so I would hate for the judge to rule against me for not providing proof in time. I basically had only friday, saturday and monday to send stuff, but even on monday it would not get to them on time. I'm am lost at this point and not sure hot to ask for the continuance over the phone from the judge on Wednesday's hearing.

Attorney answers (1)

  1. Adrienne Patricia Allen

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Tell the judge on the telephone during the hearing that you have submitted items for him or her to consider and request the continuance. That's about all you can do at this point short of hiring an attorney to appear in court for you. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more

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