Supervised estate - supervisor said his report would be ready on 1/6 for a 1/7/2015 court date. Supervisor, after meeting with plaintiff on 1/2. says they need more time to prepare report and adjourned the court date until 2/11/2015. We have a vacation rental (snowbirds) from 2/1/2015 to 4/30/2015, as there is a 3000 mile commute, thats not possible. Can I request a delay BTW probate case
Possibly. Call the court and ask, or if you have a lawyer, have him or her do it. Good Luck!
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I agree with the prior answer. You don't say what your relationship to this matter is, which is important to know. The court has reasonable discretion to reschedule hearing dates upon good cause shown. Prior obligations of the parties / interested persons is not an uncommon reason, although granting the request is totally at the judge's discretion. Call the court and explain your situation, request a longer scheduled hearing date. If that isn't successful, engage an attorney on your behalf to make the request or handle the hearing in your absence.
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Not knowing all of the circumstances it is impossible to provide a definitive answer. The courts and the other parties will normally seek to accommodate the parties, attorneys and interested parties. You can also be represented by the attorney of your choice, perhaps even a better choice, rather than incur the commute cost.
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I agree with my colleagues. I would also add that it may be possible to arrange to participate in the hearing via skype or telephone. Many courts are offering that as an option for people who cannot otherwise be there. You should contact the court and see whether this might be possible in your case.
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Generally, in my experience, the answer is yes. Your lawyer should schedule this and explain to the judge's scheduling secretary the problem, that it was the other side that caused the delay, and that you cannot be present without great hardship. Good luck.
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