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Motion For Continuance Absent in Sample Motions Sticky - Please Advise

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Something horrible happened this week, and I have to ask for a continuance for 60 days to answer my Summons. I can't find any threads that discuss this important option. Also, no forms at all under sample motions sticky.

Also, my states procedure only lists COMPLAINT and ANSWER as the two options. Can my answer be a Motion for Continuance with documented proof attached of my personal challenge?

MA civil procedure http://www.lawlib.state.ma.us/civrules.html :


(a) Pleadings. There shall be a complaint and (except as provided by law) an answer, and a trustee's answer under oath if trustee process is used; a reply to a counterclaim denominated as such, an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of Rule 14; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer. In the Land Court, answers in actions for registration, confirmation, or tax foreclosure shall conform to G.L. c. 185, § 41, and G.L. c. 60, § 68, where applicable.

(B) Motions and Other Papers.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

(2) The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by these rules.

© Demurrers, Pleas, etc., Abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.

Amended December 13, 1981, effective January 1, 1982.

If anyone could please help, I would so appreciate it. I can't possibly cope with my new situation and this case...

notagain :-(

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You're too kind. Thank you for your help. You inspired me to try the same, and I think I determined that what I need to file is a MOTION FOR LEAVE TO FILE ANSWER.

Because no case has begun, based on my research, I now believe a continuance is the wrong move, but a 'leave' is the correct one.

You helped me more than you know, thank you!

notagain xxheartxx

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