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Help! How to file a continuance hearing in Orange County, CA.? Urgent...

Fullerton, CA |

I have order to show cause hearing next Monday, If I retained a lawyer now, how to postpone the hearing?

1) How much would it cost to reschedule the osc date?
2) Does the lawyer need to attend to the next Monday court hearing to get the continuance hearing? If the opposing lawyer agree to the postpone.

Is it an additional Court hearing for the postpone of the court date? Does it mean that the lawyer will go and wait in court for both request for continuance hearing and the next osc hearing?

Or 3) would both lawyers just will fax or mail the letter in the court sufficient? or can they just call the court of clerk to postpone the osc date?

Thanks!

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Attorney answers 2

Posted

First of all, if you have retained an attorney, he/she should be handling all of this for you...

Your ability to "postpone the hearing" is limited, depending on the circumstances. Who filed the paperwork setting this Order to Show Cause? Do you have an agreement with the other party regarding a continuance?

1) There is no "cost" for a continuance, but the Court does charge $20 to file a notice of continuance with the Court if the continuance is stipulated to or granted by the Judge.
2) If you obtain the stipulation to continue the OSC with enough time prior to the hearing, and call and inform the Court, no appearances should be necessary, so long as you get permission of the continuance from the Court itself. Further, there is no hearing on the request for continuance, it is either stipulated to prior to the currently set hearing, or stipulated to between the parties.
3) If you stipulate with opposing counsel, be sure to call the court first to see if you have obtained the stipulation in time, and ask the clerk for a new date. If you do it in time, no appearances are necessary, and you would file a notice of continuance with all relevant information with the Court, pay your $20 fee, and serve all interested parties.

The information contained herein is for informational purposes only as a service to the public, and is not legal advice or a substitute for legal counsel, nor does it constitute advertising or a solicitation.

Posted

The cost will depend on your attorney's hourly rate however the court will likely charge a fee as well. Some counties allow for continuances by email or written stipulation. Very few courts allow it to be done by phone.

Information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

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