If you subpoena a witness who you need for trial the day of trial and they can't show up, are these grounds for a Continuance?
4 attorney answers
If you only received part of the documents the judge ordered your ex to provide and you are having an unavailability issue with a witness, those to facts together might be sufficient, even if either one alone would not be. Obviously every case is different, though. So it depends on the documents and witness at issue, as well as the issues before the court.
Depends. Court can certainly deny a continuance within their discretion. A lot depends on when the witness was noticed and when you learned of their unavailability.
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Why did you wait so long is what Judges I appear before would say. Normally I would suggest a continuance would be denied BUT if this witness was integral and vital for your case, and extreme prejudice was the result, you might slip on through by a nose.
Thank you for the questions and comments. Normally, a subpoena witness should be given 10+ days notice of their requested appearance. A subpoena on the same day or day prior to trial is most likely to be looked-down upon by the court.
What do you mean that you "got partial?" Do you mean that you received some of the financial docs that you want from your ex? Or something else?
Also, so I have a clear understanding -- do you have a trial / evidentiary hearing tomorrow, Wed., September 9th? Getting the trial continued is only going to happen if you can show a good faith reason for the continuance.
Going to trial with representation is normally risky and certainly, rarely easy. Many attorneys offer free consults on these matters. Although time might be short, call or email to schedule a no cost discussion.
Scott A. Mac Leod is licensed to practice law in Arizona. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney. Scott is an active practitioner of FAMILY, CRIMINAL, CIVIL and bankruptcy law.