QUESTION
How many times can the opposition postpone my son's court date?
Asked on Nov 11th, 2011 on Personal Injury - New York
More details to this question:
My son's EBT is coming up next week and his attorney just called and told us it has been postponed until January. How many times may the opposition postpone this?
3 ANSWERS
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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These things happen. It can be very difficult to get all of the attorneys, parties, room and court reporter available at the same time. I typically give one or two extensions then I get testy. I do this because I know there will be times when I will be the one requesting the extension. Also, by the time you file a motion to compel the EBT (asking the court to make the EBT happen) and it is actually heard by a judge..... January will have come and gone. Plus, filing that motion costs a few bucks and will drive up costs a little. Unfortunately, the wheels of justice turn but, they do so very slowly. Be patient.
Answered on Nov 14th, 2011 at 12:41 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Your son should ask his lawyer if there is a "Scheduling Order". If there is, he wants a copy. If there isn't, he should tell his lawyer to get one. That way, if there are more adjournments, the judge will get fed up and order dates certain.
Answered on Nov 11th, 2011 at 9:41 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Quite a few times. Your son should tell his lawyer to get the deposition "so ordered" and then it will be tougher for them to adjourn.
Answered on Nov 11th, 2011 at 9:11 PM