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How to file Continuance in cook County? (Dissolution of Marriage Petition)

Skokie, IL |

Who can file? Petitioner , Respondent or both? I am Pro Se and husband has an attorney. What form to file if any.

Attorney Answers 4

Posted

If your question is who can be granted a continuance, that is any party. But the Judge has to grant the continuance. When your status date arrives, you can explain to the Judge that you need more time for [whatever reason]. If the Judge feels the reason is legitimate, he or she will grant a continuance.

There is a form, but it's typically in the courtroom. Near the clerk's "area." Most courtrooms have a file cabinet of sorts with various forms. You ask the Judge for the continuance and the clerk will give you a date or dates to choose from.

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Posted

go on the Clerk of the Court of Cook County and you will find all the FORMS. Either party can ask the judge for a continuance in court. You must go to court to do so in person.

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Peggy M. Raddatz

Peggy M. Raddatz

Posted

I meant on the website of the Clerk of the Court of Cook County

Peggy M. Raddatz

Peggy M. Raddatz

Posted

The FORM is an order for after the continuance is granted.

Posted

Either party csn seek a continusnce. There is no form.

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Posted

Either you or your husband could file for a continuance. If there is agreement as between the two of you regarding the continuance, that should be alleged in the motion and then the chances of success are VERY HIGH. How does the court make the decision? Two statutes apply.

§ 735 ILCS 5/2-1007 provides that "[o]n GOOD CAUSE shown, in the discretion of the court and on just terms, additional time may be granted for the doing of any act or the taking of any step or proceeding prior to judgment."

Furthermore, Supreme Court Rule 183 states that "the court, for good cause shown on motion after notice to the opposite party, may extend the time for filing any pleading or the doing of any act which is required by the rules to be done within a limited period, either before or after the expiration of the time." As you can see, very similar language.

Case law highlights that these provisions are to be "LIBERALLY CONSTRUED" so that to the "controversies may be speedily and finally determined according to the substantive rights of the parties."

However, courts will try make sure that in granting one party a continuance, the other party is not "prejudiced." Also, the more continuance that have been granted, the less inclined the court will be to grant further continuances. Finally, the closer you are to trial, the lesser the chance of getting a continuance.

It is curious that you are PRO SE and your husband has a lawyer. If he can afford one, so should you. You are entitled to matching funds. Obtain a lawyer & ask that a motion for interim fees be filed.

The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.

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