Skip to main content

Reset trial date

Miami, FL |

Judge is new to my divorce case ,he set a trial date ..I hired my old attorney who requested more time from the judge for the trial ...we got proof on buildings I owned with my husband
But we need to request more documents but judge denied our request to change the trial date .can I request to remove the judge as if I go to trial I will lose everything ..
My husband who is the most dishonest man has fooled the court with fake deeds ,dishonest financials ...doesn't put himself on the books yet has everything ..basically cheated me from all we had ..I'm feeling unbearable injustice from the court system .what can I do .?

+ Read More

Attorney answers 1

Posted

there is a lot of discretion to the trial judge in regard to granting or denying a continuance. There are also ways to speed up the production of documents, including subpoenaing witnesses to bring documents to the trial. Also, if you try everything you can to get the documents you need, and you still can't get the documents, you may want to renew your motion for continuance showing prejudice.

You may or may not be able to get the judge to recuse him or herself. However, adverse rulings are not grounds for recusal.

At this point in time, I would rely much more on the advice given by the attorney you have hired than anything you read on the Internet, or hear from friends. Divorce cases are very fact intensive, and while sites like Avvo are very useful, they only provide general information and education, not legal advice.

The above is for informational and educational purposes only, does not establish an attorney client relationship, and cannot be relied upon as legal advice. The only legal advice offered is to have this matter reviewed and discussed by a competent attorney of your own choice.

Asker

Posted

I appreciate your advice My problem is that since we didn't get a continuance my attorney is filing a motion to leave my case . He says he doesn't have enough time and won't be able to do well and that it isn't fair for me .. I'm completely distraught My case is being handed to my husbands attorney . I already know ill lose everything representing myself .

Erskine Clark Rogers III

Erskine Clark Rogers III

Posted

you should renew your motion for continuance and set it at the same hearing time as your attorneys' motion to withdraw. There is a body of law which suggests that it is error for a court not to continue a case when a new attorney appears. You may want to look for new counsel to represent you without delay.

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