I am now representing myself in a lawsuit that has been going for several years with my ex-wife. The alimony and child custody trial (child support and ED has been settled) was scheduled for late Feb of 2020. My attorney withdrew and the judge moved the trial up to early Dec. However, I am unable to go to this pretrial and trial as I am in a new job in another state and can not request any more time off for trials. I also don’t have time to adequately prepare for this. How do I go about requesting a continuance? I am able to go in person over the upcoming holiday. Can I speak with someone in the courthouse? Take a letter there? My understanding is that there are no forms for this request. Please help me figure this out.
You would need to file a motion for a continuance and state your reasons and provide any documentation as exhibits to further explain why you need the continuance.
Some counties have their own continuance motion forms. If your county does not, you will need to make your own. The document heading would be “Motion to Continue.” You will need to file your motion, mail a copy to the opposing party or her counsel, and follow your county’s procedure to make sure the judge gets the motion to make a ruling.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you for the response. The county is Guilford and evidently there is no form for it. How do you file a motion? Take it to the courthouse?
Yes, you file all paperwork at the clerk’s office in the courthouse of the county in which the action is pending.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.