Can we request the court deny a motion for continuance?
We received a motion for continuance of a pretrial settlement conference in a case against us (we're pro se Defendants) based on the fact that Plaintiff's counsel has a previous commitment. The Plaintiff's are represented by 3 separate counsel and unless all 3 counsel have the same previous commitment I cannot see why this pretrial settlement conference cannot proceed. It is our belief that it a stall tactic due to the allegations we presented in our answer to the complaint. The Plaintiff's counsel has had more than ample time to prepare its case. In the meantime, should the Plaintiff win the case and attorneys fees assessed against us, the attorneys are accruing more fees and costs to which we cannot afford to pay.
You can oppose the motion for continuance by filing a written response. Be aware, however, that the judge has discretion whether to grant the motion, meaning he can do so without a formal hearing and it is unlikely another judge would reverse his decision.
Get your response filed quickly so the judge will see it and consider your arguments against the continuance before he makes a decision.
First, if you are pro se defendants, you won't learn procedure from asking questions. You need an attorney. You can file a motion to oppose the continuance, but more than likely, unless it has been continued many times, it will be granted. If you oppose, just remember if you need more time on something they will be less likely to cooperate. Your chances of prevailing without an attorney going up against seasoned counsel who know the rules of evidence and civil procedure are slim to none. Do yourselves a favor and hire counsel.
You can oppose through your attorney.
Asker
As stated above, we're pro se.
Asker
Thank you for responding. Should we include in the opposition our belief about the stall tactics and the accumulating fees/costs and merely just state the part about Plaintiff having 3 separate counsel or should those defenses be included as well? Thank you so much for your time!
Tazewell Taylor Shepard IV
Estate Planning Attorney in Huntsville, ALIt is usually appropriate to include all reasonable grounds for opposing a motion; but, always be state your commentary in a way that it does not appear you are attacking the opposing lawyers personally. In other words, don't state your argument in a way so overly aggressive that your message gets lost in your expression of frustration. Hope it works out for you!