Asked over 1 year ago - San Francisco, CA
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I will be appearing as a pro-se plaintiff in a personal injury/accident case. I have very good reasons for this - the main being the person at fault is no longer in the country, but I still want to get a judgement on record.
Now, because of travel reasons, I will be unable to attend hearings for the next couple of months. Can I request the court to postpone hearings till it is possible for me to appear? What is the process for doing this?
You have two issues. First, did you serve the defendant who is out of the country? If not, you will not be able to get a judgement on the defendant.
As for your travel issues, you would have to make a motion to stay your lawsuit pending your return. This may or may not be granted. I suggest you contact a lawyer up in the San Francisco area to help you with the pleadings.
I assume you did not file in small claims court, but rather in the superior court.
If you have not yet served the defendant, the chances are having a hearing in the next couple months is smaller.
The two possible hearings will be an Order to Show Cause Re Failure to File Proof of Service of Summons (if you did not serve the defendant), and a Case Management Conference.
For the Case Management Conference, it is possible to appear for the hearing telephonically via CourtCall.
One would want to make sure they accomplished their goals of service, not getting a response, getting a default judgment on the record, possibly "proving it up" at a later hearing, etc. while being mindful of the statute of limitations (aka the time limit you're allowed to file lawsuit within). In California, very generally speaking, you have two years from the date of injury to file.
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