I have a friend who is 84 yrs old and is a handicapped heart & lung patient. He needs more time to prepare his paperwork and his hearing is getting close. What options does he have if any to get a little extra time to be able to properly get everything together before his hearing? This is a civil case in California.
It depends on the type of hearing. If it is a motion set by an opposing party, your friend can call and see if they are willing to continue the hearing date. If the hearing was set by a court, you would have to file a motion (probably on an ex parte basis) seeking additional time to respond. An ex-parte application will require a declaration setting forth the reasons for the extra time and any documentation to support the request. For example, a declaration from a treating doctor explaining the need for extra time.
Call and ask the lawyer in a letter to document it based upon medical needs. If they fail to agree, petition the court for additional time. In Texas you can do it by agreement and preserve objections but don't know about your state.
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Not enough info here.
Sounds like your friend needs more than an extension of time or continua ce.
He should consult with an attorney before moving forward.
I concur with my Avvo colleagues. Your friend needs to ponder settlement, dismissal, and hiring a lawyer.
Depending on the type of hearing a motion, stipulation or request may be able to get more time.
In general yes courts allow time for health issues but not sure what kind of case you are talking about here.
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