How do I file a continuance with the court?

Asked over 2 years ago - Woodstock, GA

I have completed a pre-trial order and have a trial date of Sept 4th and need time to find and attorney to handle my case.

Attorney answers (8)

  1. Michael Jason Rhoades

    Contributor Level 16

    5

    Lawyers agree

    Answered . Motions for continuance are usually something that is filed by your attorney, though the court clerk may be able to help you if you must file one on your own. Judges will often deny such a request, however, so you should really be spending your time right now finding an attorney to assist you.
    Please let me know if I can be of assistance. I would be happy to help.
    Regards,
    M. Jason Rhoades

  2. Wesley Kent Hill

    Contributor Level 14

    4

    Lawyers agree

    Answered . You should hire your attorney and then let he or she deal with whether a continuance is appropriate in your particular situation. It is likely the court will feel that you have adequate time to find an attorney for litigation. This is not something you should wait until the last minute to do and the more time your attorney has to prepare the better. Also, good attorneys get busy an often cannot take cases on short notice.

    Good luck!

    Wes Hill
    (404) 736-9167

    This response does not create an attorney client relationship nor should the advice be relied upon because it is... more
  3. Benjamin Russell Anderson

    Contributor Level 11

    4

    Lawyers agree

    Answered . You need to find an attorney asap, and have them file the continuance request if they feel they need the time. Given that your trial date is a month away, you should really hire a lawyer right away. The judge will likely not be pleased with you if you show up then and still don't have one.

  4. William Kenneth Boddie Jr.

    Contributor Level 6

    2

    Lawyers agree

    Answered . Continuances are granted where “justice requires it”. They are not normally granted for failing to obtain counsel. In order to get a continuance you must show that you used due diligence to try to obtain an attorney. The fact that your trial date is month out would mean that you would have to convince the court that you could not find an attorney in that amount of time. I would suggest you consult an attorney immediately and then they could file a continuance if need be in order to obtain discovery and prepare for your trial.
    Again, if you would help filing the continuance, you should get the assistance of a qualified, local criminal attorney who can get more information on the circumstances, the charge and file the appropriate paperwork with the Court. Please feel free to call us at (404) 287-2393 for a full consultation.

    This is a general interest posting on a public website, regarding general legal concepts. Thus, this response is for informational purposes only and should not be interpreted to be specific legal advice to anyone, or to create an attorney-client relationship or attorney-client privilege. Please consult a qualified attorney for legal advice.

    This is a general interest posting on a public website, regarding general legal concepts. Thus, this response is... more
  5. Ronald Walter Kim

    Contributor Level 7

    3

    Lawyers agree

    Answered . It depends on which court you are in. If in small claims court the clerk can probably give you a form or tell you what you need to do. You must have a good reason for a continuance. In any other court, I.e. trial court you need to get the assistance of an attorney.

  6. James B. Hernan

    Contributor Level 13

    1

    Lawyer agrees

    Answered . As you can see, attorney after attorney is indicating to you that you should retain an attorney right away. You have a number of attorneys available to you right here in response to your posting. Start contacting attorneys right away and select one that is the best fit for you. You will find that a good number of attorney will not accept a case this close to trial, but it will depend on the facts and circumstances of the case.

    Jamie Hernan
    Hernan Law Firm
    Roswell, Georgia
    Telephone: (678) 275-4000
    www.hernanfirm.com
    Free initial consultations

    DISCLAIMER: This answer does not constitute legal advice and no attorney client relationsip has been, or will be,... more
  7. Drew Garreth Bishop

    Contributor Level 1

    1

    Lawyer agrees

    Answered . You will want to hire an attorney before you a motion for continuance is filed. Additionally, an attorney may have to amend the pre-trial order in order to provide all of the proper information that is necessary for a trial. you certainly do not want to limit yourself in trial with an inadequate pre-trial order. You should hire an attorney as soon as possible since the trial date is less than 30 days away. If you need any assistance, please feel free to contact me as soon as possible. 770-510-8999.

  8. Brett Ladd

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Are you sure that its a criminal case? In Georgia, Pre-Trial Orders are typically done in a civil case, but not a criminal case.

    Thanks for reading my response to this question. If your found this answer "Helpful" or "The Best Answer" PLEASE... more

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