If Iwas served papers last night and have a hearing in a week, how can Ipostpone for a later date ifI haven’t been able to secure legal counsel?

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If Iwas served papers last night and have a hearing in a week, how can Ipostpone for a later date ifI haven’t been able to secure legal counsel?

Asked on August 1, 2011 South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can request a continuance.  Contact the court to find out the procedure for requesting a continuance.  Ask if there is a court form for requesting a continuance or if not, you will need to write your own.  Also, since you only have a week before the hearing, ask how far in advance of the hearing, does the request for a continuance have to be filed with the court and served on the opposing party.  If you have to write your own request for continuance, at the law library ask the law librarian to help you find the format for a request for continuance.  Look in the index of Pleading and Practice at the law library for the general format of a request for a continuance.  When you file the request for continuance with the court, attach a proof of service.  Due to the short amount of time before the hearing, you might need to have the request for continuance personally served on the opposing party by a process server instead of just serving it by mail.


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