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IrishNick

Heart surgery Friday / Hearing Monday

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I went to the court clerk and asked for a continuance because of my surgery. She said I should contact the plaintiffs lawyer and discuss. The plaintiffs rep I talked to said there is nothing they can do and said they couldn't advise me to appear or not appear... If I am not there to follow up on my motion to compel arbitration does that mean a decision will be made without me?

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What you should have done as soon as you found out about the scheduling conflict is to file a motion for continuance for 14 days because of health reasons. You file the motion in the court and serve it on the plaintiff. I don't know if you can do this so soon but you can find out from the clerk. Most likely though, the continuance would have been granted.

You might be in a situation now were you either show up to argue your motion to compel or lose.

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