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Showing results for tags 'continuance'.
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So I just got back from court with ceeeyeare and they had nothing (IMO)— no original document, no witness...just his tablet with some images of letters with my address on them that he said were proof that I was making payments on that account (I asked him if he had the actual letters and he said he didn’t need them, that “that’s not how it works”. I told him, unless he has original docs, that we had nothing more to discuss. This all happened before the actual trial, btw. Anywho, by the time the trial actually got underway, he started by asking the judge for an extension due to the fact that his witness could not make it...the judge granted that request EVEN AFTER asking if there was any explaination as to why the witness was a no-show with the lawyer unable to offer ANY reason whatsoever. Am I wrong in assuming this is all BS on the lawyer’s behalf? That he has NO proof that I owe this debt? I digress... at that point I asked the judge for a dismissal on the grounds of insuffient evidence on the plaintiffs part but the judge shot me down and I agreed to a new date in late July. I think I should have probably asked if it was possible (or demanded) to just continue the trial right then and there but I didn’t think to do so, at the time unfortunately. Does anybody have any thoughts on how this went down or what I should do or expect the next time out? I appreciate any input...thanks all!?
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Plaintiff is Citibank/Sears. I've been searching the forums and I know this has been answered but I need to file a motion for continuance tomorrow (today since it's 2:00 am). Initial hearing was 8/15, trial set for 9/5. My at-risk daughter was moved to a new facility on 8/15 so only my husband went to court. On 8/22 she ran and between social services, police, FBI trafficking task force and NCMEC, etc. I haven't done anything else - I spent 5 hours with the FBI today alone. I have to contact the plaintiff attorney and then I have to file the motion, correct? I believe in Jefferson County it's the generic form JDF 76 Motion to _____ and submit it with a blank JDF 77 Order. I don't know what to say to the attorney and put in the motion. How do I word the motion if attorney agrees/if they don't agree? If they don't grant the continuance then I'll figure out what to do next, but doing something is easier than undoing it. I apologize, this sounds so whiny... it's hard to change from one hellacious event to another and I just need some wording... and sleep. : / I've fought social services in court, obtained guardianship of my grandson when my daughter died, defended my handicapped sister in a section 8 eviction (with POA). I can do this.
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- motion
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