How many times can opposing party request continuance/reset trial?
My kids dad requested child modification last year, and his lawyer requested continuance on first trial of January 2022, then we were scheduled for mediation today but I found yesterday that the opposing party had not paid his part of mediation and possibly his lawyer either. So trial is set for end of this month. I’ve had my lawyer retained since he requested modification. Can he keep this lingering until he feels like it and using this to threaten me or can my lawyer request to dismiss the case at some point? Since the other party is showing no interest in this case.
There are no set number of continuances that a court may request or deny in a given case.
You have to decide on your point of diminishing return. Hopefully, your attorney documented through the mediator that mediation was cancelled or abated due to Dad's refusal to remit payment. If mediation was court ordered, a motion for enforcement or sanctions, seeking compensation for the time your lawyer incurred to get ready/appear, may be warranted. Often cases are rescheduled 3-4 times (each 3-4 months apart) before a judge will be receptive to a motion for special setting. With a special setting, it's mandatory that the parties proceed to trial (barring COVID, death or illness in the judge's family, etc).
Hang in there -- the less Dad does to help his own case, the better for you.
Good luck to you.
Elisa Reiter, Esq. is accepting cases in Dallas, Denton, Collin, Rockwall and Tarrant Counties. The advice given here is not and should not be taken as a substitute for...