inurdreams

Urgently need help - Motion for Continuance - Colorado

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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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5 hours ago, inurdreams said:

I don't know what to say to the attorney and put in the motion.

You need a continuance due to a family emergency.  The details are no one's business.

I think this is the applicable rule.

"Rule 121. Local Rules – Statewide Practice Standard. § 1-11. CONTINUANCES

Motions for continuances of hearings or trials shall be determined in accordance with Practice Standard 1-15 and shall be granted only for good cause. Stipulations for continuance shall not be effective unless and until approved by the court. A motion for continuance or request for extension of time will not be considered without a certificate that a copy of the motion has also been served upon the moving attorney’s client."

http://www.jdporterlaw.com/legal-authority/colorado-rules-civil-procedure/

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1 hour ago, Harry Seaward said:

The details are no one's business.

The courts have their own way of deciding what is their business.  If the court asks what the emergency is be prepared to explain it to them if you want the motion approved.

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Thank you Harry & Clydesmom. I thought I was missing something because it's just the 3 sentences, and the underlying panic isn't helping the overthinking. I understand, just need to put it in as brief and professional way as possible.

Does this sound acceptable:

I am submitting this Request for Continuance as the defendant in the small claims case named above. The Court has issued a hearing date of September 5, 2018 at 8:00 a.m.. Due to a family emergency, I am requesting a continuance until after September 24, 2018, when it is reasonable a course of action in response to the emergency has been determined.

Too wordy? Do I put anything in there about a missing/endangered/at-risk child?  Do I attach the letter from the FBI and the caseworker, or only present it if the judge ask for more information?  I don't want to sound evasive or like it's not to some extent credible.

I scheduled a call with the attorney for 1:00 today, short and sweet. If they don't agree to a continuance, it's likely the judge will be annoyed if it goes in front of him.

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That's fine. And the court isn't going to want details. It may want to know the general nature, like "my daughter is missing" but you won't need to say any more than that. 

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39 minutes ago, inurdreams said:

I am submitting this Request for Continuance as the defendant in the small claims case named above. The Court has issued a hearing date of September 5, 2018 at 8:00 a.m.. Due to a family emergency, I am requesting a continuance until after September 24, 2018, when it is reasonable a course of action in response to the emergency has been determined.

Delete the part about the reasonable course of action.  All the court needs to know is there is a family emergency.  No more details unless the Judge asks.

1 hour ago, inurdreams said:

I am requesting a continuance until after September 24, 2018

I would change this.  Courts do not like ambiguous requests.  I would state:  I am requesting a 30 day continuance to deal with a family emergency.  That gets you more than enough time to settle the family situation.

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