South Carolina Personal Injury Legal Questions

The California rules of court say that continuances are disfavored. But every judge is different. Some are extremely reluctant to grant continuance unless there is a real strong showing of good cause, while others will do it at the drop of a hat. Here's the applicable rule and what they must show: Printer-friendly version of this page 2013 California Rules of Court Rule 3.1332. Motion or application for continuance of trial (a) Trial dates are firm To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain. (Subd (a) repealed and adopted effective January 1, 2004; amended effective January 1, 1995.) (b) Motion or application A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered. (Subd (b) amended effective January 1, 2007; previously amended effective January 1, 1995.) (c) Grounds for continuance Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include: (1)The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2)The unavailability of a party because of death, illness, or other excusable circumstances; (3)The unavailability of trial counsel because of death, illness, or other excusable circumstances; (4)The substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice; (5)The addition of a new party if: (A)The new party has not had a reasonable opportunity to conduct discovery and prepare for trial; or (B)The other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party's involvement in the case; (6)A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7)A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial. (Subd (c) amended effective January 1, 2007; adopted effective January 1, 2004.) (d) Other factors to be considered In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. These may include: (1)The proximity of the trial date; (2)Whether there was any previous continuance, extension of time, or delay of trial due to any party; (3)The length of the continuance requested; (4)The availability of alternative means to address the problem that gave rise to the motion or application for a continuance; (5)The prejudice that parties or witnesses will suffer as a result of the continuance; (6)If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; (7)The court's calendar and the impact of granting a continuance on other pending trials; (8)Whether trial counsel is engaged in another trial; (9)Whether all parties have stipulated to a continuance; (10)Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and (11)Any other fact or circumstance relevant to the fair determination of the motion or application. (Subd (d) adopted effective January 1, 2004.) Rule 3.1332 amended and renumbered ... Read More

It sounds like you can definitely sue for battery, and may also be able to sue for ancillary issues, such as emotional distress. It is best to speak with a personal injury law firm which offers free consultations to discuss the merits of you case, even if you ultimately decide against bringing suit or representing yourself.... Read More

I practice personal injury law in Charleston, S.C. and Columbia, S.C. and would be happy to meet with you for free.  This meeting would be to see if we can work together as a team.  You and your child would not become my client until you have signed a formal engagement letter.  You may call me at (843) 789-3504. Regards to you dear lady, Michael Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

Appealing the decision is the right thing to do. Beyond that, it is difficult to say. You could consult attorneys about bringing a lawsuit against the school for failing to stop the bullying. This would be somewhat of a long shot but I have heard of some successful lawsuits. You could try to find a private school or move to another school district.... Read More

You must immediately report the transfer to DMV, and at least you will not be liable for any future problems. If you have not done this yet, then the only way to get a court order is to file a suit against the dealer and then ask the court for an order. By the way, if he has lost the papers, why can't you simply walk in to his dealership and sign new papers and have him do the rest?... Read More

You turn the claims over to your carrier and hopefully get them out of the way of the criminal process so they wont put pressure on the DA. If this is your first offense you will pay a fine and court costs, several hundred dollars and you will lose your license for a year. your insurance will go sky high If you have a chance to beat it, hire you the best traffic court lawyer in town. He might win your case on some technicality and if not he might get you a limited driving permit so you can drive to work.... Read More

No. This is bizarre. First, your daughters lawyer should be able to get the charges dismissed. Next, the District Attorney can say what he wants but he has no authority to enforce it. This is clearly discrimination outlawed by the Americans with Disabilities Act. In NY you would have a right to an "Article 78 Proceeding" which would result in a court order prohibiting the District Attorney from issuing such a decree, which he doesn't have the power to do anyway.... Read More

Why do people think that, as brilliant as we lawyers are, that we are experts in dentistry, medicine, physics, accounting, etc. If a competent dentist will testify that the first guy screwed up, then you can sue. If not, then you cannot prove your case. Since you are obviously not a dentist either, then your thoughts or feelings do not have the weight of evidence. You need an expert to testify.... Read More

What the adjuster says is true but misleading. Settlements for children in amounts exceeding $2,500.00 must be approved by the court. The rules allow for settlements below $2,500.00 to be done without court approval as the amount is so small there is not much risk that there will be an injustice done to the children. Court approval is easily obtained, and the insurance company will hire an attorney to file the proper paperwork to bring it before the court for approval. Whether it is $2,500 or more, it is the children's money and must be held in escrow until they are 21, except that it can be used to pay their medical bills. The only limit in your case is the insurance coverage limit (ie. How much insurance the at fault diver has). Do not settle for $2,500 just to avoid the process of the court approving the agreement. That would be foolish. Also, it sounds as if the claim is complicated enough, and the damages are such, that you should retain an attorney.... Read More