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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
Most of the time, it’s going to be up to a trial court whether or not a request for a continuance should be granted. We’ll look at several common ‘fact patterns,’ ranging from a need to get legal help or to discover important facts, where a request for a continuance is “reasonable.”
Some of the common factors in deciding the reasonableness of a continuance request will be: (a) is there a burden on another party, (b) has the party asking for a continuance shown a pattern of inexcusable delay, or (c) will delay harm or prejudice the interests of others….especially the children’s interests?
You can ask for immediate, low-cost help to get a continuance, here… http://www. georgialegalaid.org/.
The other thing to keep in mind is that a trial court judge is very often the final voice in giving or denying a continuance. Though it’s possible for a denial of a continuance to be successfully appealed, it’s very unlikely for someone to win on appeal. This means if your request for a continuance is denied, then you need to go ahead and do the best you can in the trial, while noting you are also renewing your required for a continuance "on the record." Some people who are Pro Se (representing themselves) make the fatal mistake of failing to appear and having a default order or even judgment entered. They try to argue the continuance was wrongly denied as their only basis for an appeal: this is a big mistake.
Continuance To Find A Lawyer: Showing “Due Diligence.”
A court is very sensitive to taking any punitive actions (i.e., jail time or contempt of court) with people who have recently only fallen behind on payments. This does not let anyone avoid working to find affordable legal help, however: the best test used by a court is called “due diligence.” Of all the reasons for a continuance in child support cases, this is the most common…. probably because someone who is facing a support hearing is having money problems to begin with. If you are seeking a continuance, you must show your due diligence. This is a sort of good faith, meaning you tried to get help and be ready, but circumstances may have been outside your control. Maybe you received notice only a week before.
You can look at a case where a parent failed to show due diligence… http://caselaw. findlaw. com/ga-court-of-appeals/ 1395901.html. The key is often the time between notice of a hearing and the provable efforts to get a lawyer. This means someone wanting a continuance should be able to show a calendar and notes, to prove what they did to get help, and when they tried to get the help.
A juvenile court does have the power to give you a continuance of a properly set hearing, if you can show good cause. There are rules for when hearings should be held (usually around three weeks or so). But a court can go past these dates, even beyond statutory limits, if you can show “good cause.” This might include being hospitalized or ill. You can see a good example of this argument by using the information from Georgia Uniform Juvenile Court Rule 11.3. http://bartoncenter.net/resources/JuvenileCourtRef Manuals/200405/DFCS_Manual1.html.
If you can win a trial court's approval to give you a continuance, which usually settles the issue…, you can read those rules here: OCGA §9-10-166, http://law.justia.com/ codes/georgia/2010/title-9/chapter-10/e/9-10-166/. Keep in mind, however, the more often you ask for a continuance, the less likely it is to get another one.
Other Reasons For Continuance & Georgia Forms
The other major reason for a continuance is medical necessity or getting crucial records. Here’s a case where a continuance had been granted to a father, working with Georgia’s Child Support department: http://caselaw.findlaw.com/ga-court-of-appeals/1138098.html. To get the continuance form you need, and perhaps the Georgia state support guidelines (if that’s an issue) look here: http://www.eighthdistrict.org/pro_se.htm. Remember, if you do the form and request yourself, borrow words from the continuance rule such as “Petitioner showed due diligence by…” and naming your steps in that diligence.
Most of the time, it’s going to be up to a trial court whether or not a request for a continuance should be granted. We’ll look at several common ‘fact patterns,’ ranging from a need to get legal help or to discover important facts, where a request for a continuance is “reasonable.”
Some of the common factors in deciding the reasonableness of a continuance request will be: (a) is there a burden on another party, (b) has the party asking for a continuance shown a pattern of inexcusable delay, or (c) will delay harm or prejudice the interests of others….especially the children’s interests?
You can ask for immediate, low-cost help to get a continuance, here… http://www. georgialegalaid.org/.
The other thing to keep in mind is that a trial court judge is very often the final voice in giving or denying a continuance. Though it’s possible for a denial of a continuance to be successfully appealed, it’s very unlikely for someone to win on appeal. This means if your request for a continuance is denied, then you need to go ahead and do the best you can in the trial, while noting you are also renewing your required for a continuance "on the record." Some people who are Pro Se (representing themselves) make the fatal mistake of failing to appear and having a default order or even judgment entered. They try to argue the continuance was wrongly denied as their only basis for an appeal: this is a big mistake.
Continuance To Find A Lawyer: Showing “Due Diligence.”
A court is very sensitive to taking any punitive actions (i.e., jail time or contempt of court) with people who have recently only fallen behind on payments. This does not let anyone avoid working to find affordable legal help, however: the best test used by a court is called “due diligence.” Of all the reasons for a continuance in child support cases, this is the most common…. probably because someone who is facing a support hearing is having money problems to begin with. If you are seeking a continuance, you must show your due diligence. This is a sort of good faith, meaning you tried to get help and be ready, but circumstances may have been outside your control. Maybe you received notice only a week before.
You can look at a case where a parent failed to show due diligence… http://caselaw. findlaw. com/ga-court-of-appeals/ 1395901.html. The key is often the time between notice of a hearing and the provable efforts to get a lawyer. This means someone wanting a continuance should be able to show a calendar and notes, to prove what they did to get help, and when they tried to get the help.
A juvenile court does have the power to give you a continuance of a properly set hearing, if you can show good cause. There are rules for when hearings should be held (usually around three weeks or so). But a court can go past these dates, even beyond statutory limits, if you can show “good cause.” This might include being hospitalized or ill. You can see a good example of this argument by using the information from Georgia Uniform Juvenile Court Rule 11.3. http://bartoncenter.net/resources/JuvenileCourtRef Manuals/200405/DFCS_Manual1.html.
If you can win a trial court's approval to give you a continuance, which usually settles the issue…, you can read those rules here: OCGA §9-10-166, http://law.justia.com/ codes/georgia/2010/title-9/chapter-10/e/9-10-166/. Keep in mind, however, the more often you ask for a continuance, the less likely it is to get another one.
Other Reasons For Continuance & Georgia Forms
The other major reason for a continuance is medical necessity or getting crucial records. Here’s a case where a continuance had been granted to a father, working with Georgia’s Child Support department: http://caselaw.findlaw.com/ga-court-of-appeals/1138098.html. To get the continuance form you need, and perhaps the Georgia state support guidelines (if that’s an issue) look here: http://www.eighthdistrict.org/pro_se.htm. Remember, if you do the form and request yourself, borrow words from the continuance rule such as “Petitioner showed due diligence by…” and naming your steps in that diligence.