Skip to main content

How to oppose a motion to continue in small claims court?

New Port Richey, FL |

They switched attorneys less than 10 days before trial.
The Attorney B cannot be in court on the date of the trial because of a prescheduled medical appointment.
(Question 1:) If she knew of the conflict, why did she take the case?
(Question 2:) Additional reason for the motion is that Attorney B is new to the case as the defendant could not pay the original Attorney A.

(See below for insight on how Attorney A was retained in the first place)
At the pretrial hearing, the defendant almost lost her case on the spot because she was not able to represent the corporation because she was not an "officer" of the corporation. She was able to "wrangle" an attorney in the courthouse hallway to represent her at the very last second and we were given a trial date.

+ Read More

Attorney answers 3

Best Answer

You are not likely to win the motion for continuance. They are routinely granted. The fact that the attorney had a known conflict is not a sufficient reason for her not to take a case. The damages in your case are remediable with interest for the period of time you wait for the case to be tried. I dont understand point 2, but the defendants inability to pay her first attorney is not a ground for continuance. I would be concerned that her inability to pay means you are not going to get paid either.

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices., 305 377 1505


Requests for continuances are routinely granted in Small Claims cases, at least the 1st time. Small Claims cases move so fast that a brief continuance doesn't matter much, the case still gets resolved quickly.

That means don't waste your time opposing this request, just hang on until the continued date. And if the defense has a lawyer, you should get one too to level the playing field, since pro per litigants usually don't do well against lawyers.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.


I agree- don't waste time opposing continuance. It is worth it to call new attorney to talk about settling case.

Mark L. Rosenberg is an attorney admitted to practice in the State of Maryland and the District of Columbia only. This answer is meant to be for educational purposes and no attorney/client relationship is intended or created by this answer. You should consult an attorney in your jurisdiction for information on your case or claim.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer