how long can an attorney wait to file an extension with a judge

Keep calm and realize you have the right to request a 30 day extension allowing you up to 60 days to file a written Answer to the Complaint with the Court. The process is rather straightforward and no attorney in required to request an extension pro-se or without hiring an attorney.

Full Answer

What does it mean to file a motion to extend time?

Filing a motion to extend time allows you to hire a lawyer if you don't have one to help you file a proper answer. If you don't need legal representation, filing an extension of time motion gives you time to raise all possible defenses and counterclaims. How much does it cost to file a motion to extend time?

Can a judge give an extension on a motion for extension?

Judges tend to give an extension liberally. You're job is to argue against the motion for an extension whenever the defendant requests another. At some point the judge will draw a line in the sand. Good luck and I hope you have an attorney.

How much does it cost to file a motion to extend?

Most states have no fee for filing a motion and order to extend the time to answer a collection lawsuit. For this reason, you can go ahead and file an extension in your collection lawsuit and then try to negotiate a settlement with the creditor.

How does a judge decide if a request for more time?

The judge has complete discretion about deciding whether or not to approve your request for more time, so you should explain in detail how much time you need and why. If you do not owe rent, the judge will be more likely to approve your request for more time.

Is a continuance a good thing?

Continuances allow extra time to prepare for a hearing or trial, find a witness, or hire an attorney. Learn what a defendant must show to get a court date pushed back.

How long does a judge have to rule on a motion in Texas?

The Court's Ruling The court must rule on the motion within 45 days after its filing, which seems to invite movants to seek mandamus relief if the court fails to timely rule. The court may not consider any evidence in deciding the motion.

Is a stay the same as a continuance?

In CRD cases, an extension of time refers to resetting the date on which a submission is due; a continuance refers to resetting the date or time on which an event, such as a hearing or a prehearing conference, is to take place; and a stay (of proceedings) refers to the suspension of all due dates for submissions or ...

How long does a judge have to rule on a motion in Georgia?

Time For Ruling on Motion However, a rarely enforced Georgia statute provides that judges should rule on motions within 90 days after filing or oral argument unless counsel agree in writing to extend the time for a ruling or the judge is "providentially hindered" from making a decision.

How many times can a court date be reset in Texas?

Reset Cases. For Court appointed attorneys the Court Administrator may reset the case up to three times. After 3 setting the Defense Attorney must have the Judge's permission. For retained attorneys the Court Administrator may reset up 4 resets. After the fourth reset the attorney must talk to the Judge to get a reset.

What is a 995 motion?

A PC 995 motion to dismiss is a legal motion seeking the dismissal of a criminal case based on section 995 of the Penal Code. It is filed after a “preliminary hearing” in a felony case.

What is motion for extension?

A motion for extension to file any pleading, other than an Answer, is prohibited and considered a mere scrap of paper. The court, however, may allow any other pleading to be filed after the time fixed by the Rules.

Why do prosecutors drag out cases?

If the prosecution lacks evidence strong enough to secure a conviction, the prosecution may look to drag the case to give the police time to find even more evidence to support the case.

What is the legal term continuance?

Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.

How long does it take to get a court date for a felony in Georgia?

In Georgia, your first court appearance (the arraignment) will happen within 48 hours of your arrest, or 72 hours if there was an arrest warrant. Criminal Charge in Georgia? Please call (888) 205-9314. Your arraignment is the first time you go before a judge or magistrate.

What are two things an attorney must present in order to be admitted to the Georgia Court of Appeals?

(a) Application and Oath. Any member of the State Bar of Georgia may be admitted to practice in this Court upon written application, and the certificate of at least two attorneys of this Court, that the member is of good private and professional character.

How long does a federal judge have to make a ruling?

90 days1 Every California judge is familiar with the requirement to issue timely decisions under a constitu- tional provision (Article VI, Section 19) that sets a deadline for judicial decisions: 90 days after the matter is submitted for decision.

What is the deadline to respond to a motion in Texas?

A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed. Time for Reply Briefs. Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed.

What is the deadline to respond to a motion to compel in Texas?

A party must respond within 30 days from service of the request, unless the defendant is served before its answer is due, in which event, defendant has 50 days after service to respond.

When can you file a motion to dismiss in Texas?

o The Motion to Dismiss must be filed at least 21 days before the motion is heard. Further, each party is entitled to at least 14 days' notice of the hearing on the motion to dismiss. A response to the Motion to Dismiss must be filed no later than 7 days before the date of the hearing.

How long does it take a federal judge to make a ruling?

1 Every California judge is familiar with the requirement to issue timely decisions under a constitu- tional provision (Article VI, Section 19) that sets a deadline for judicial decisions: 90 days after the matter is submitted for decision.

Frank Patrick Pennetti

Yes. I could be. This is largely up to the court to decide and in part also impacted by the arguments posed by the opposing party. " I won't agree" is simply not a compelling argument to oppose an extension and as more time is afforded to comply, there are certainly better arguments that can persuade a court to deny additional requests.

Mark Theodore Tischhauser

Everyone is due their day in court. Judges tend to give an extension liberally. You're job is to argue against the motion for an extension whenever the defendant requests another. At some point the judge will draw a line in the sand. Good luck and I hope you have an attorney.

Frank Justin Shaughnessy

Generally, it depends on the judge. There has to be a good reason for additional extension.

Pavel Kogan

As many times as the judge allows. 120 days is the most I have seen without there being a medical issue involved.

What happens after you file a landlord's papers?

After you file the papers, the court will make a decision about what to do. Sometimes a decision is made on the day you file. Other times, you will get a “return date” (or hearing date) from the court telling you when the court will hear (consider) your application—when you and the landlord will return and appear before the judge.

How to request more time in your apartment?

To request more time in your apartment or house for any reason, you need to go to the clerk’s office in the Special Civil Part of the courthouse where your eviction hearing was held . Bring with you a copy of the warrant for removal. Tell them you want to apply to have your eviction “stayed” (or stopped). They will ask you to complete ...

How long can you stay in an apartment with a hardship stay?

With an order for orderly removal, you may get up to seven additional days in your apartment. With a hardship stay, you may get up to six months. And if the judge agrees to vacate the judgment, you will be able to stay indefinitely. Order for orderly removal. A judge might approve your request for an order for orderly removal if you agree ...

What happens on the return date of a landlord?

On the return date, you and the landlord will both appear. You will give your reasons why the relief that you are requesting should be granted. The landlord will give his/her reasons why the relief that you are requesting should be denied.

How long can you stay in a house if you owe money?

If seven days is not enough time for you to move, and being forced to do so immediately would pose a great hardship to you, you can request a hardship stay, which would give you up to an additional six months. If you owe money to your landlord, your request for a hardship stay will most likely be denied.

Can you resubmit evidence that has already been considered?

You have new proof (you cannot resubmit evidence that has already been considered) showing that you should have won your eviction case. If you are successful in having the judgment vacated, it will be as if you were never evicted. Note: Again, be aware that you may not win your application.

What questions should I ask my attorney?

Questions for Your Attorney 1 I’ve waived time and need more time to prepare my case. What do I have to tell the judge to get the trial date pushed back? 2 If the prosecutor asks for a continuance and gets it, can I challenge the delay by filing a writ in the appellate court? 3 I’d like to hire new counsel because I think the one I have is not doing a good job. What do I have to tell the judge to get time for finding a new lawyer?

When the Judge Says, “No,” Does the Defendant Have Any Recourse?

When they’ve denied a motion by the defense or prosecutor, do either have recourse?

What is the right to prepare for trial?

To prepare for trial. States typically provide defendants with a minimum amount of time between entering the plea and going to trial. But a defendant has a right to adequately prepare defense (which includes the right of counsel to prepare).

Why do prosecutors ask for a continuance?

Asking for a continuance on the grounds that the prosecutor is not prepared is typically a non-starter.

Why is it important to bring a criminal case to trial?

The reasons for this approach begin with the wish to subject incarcerated pretrial defendants to as little time behind bars as possible. In addition, making defendants wait may expose them to the loss of witnesses, physical evidence, and witnesses ’ memories. Dragging out a criminal case is particularly difficult for victims. On the flip side, allowing defendants to unnecessarily prolong the proceedings, in hopes that damning evidence will become unavailable, is not in the public’s interest of conducting fair trials.

What is the first appearance of a defendant?

In spite of this general approach, both the defense and the prosecution in a criminal case (and the court, on its own motion) may ask for and obtain a continuance, beginning with the defendant’s first appearance, which is typically the arraignment (where the defendant is appraised of the charges and asked how he wishes to plead).

Why do defendants ask for continuances?

Typical Reasons Why Defendants Ask for Continuances. Judges are often asked to continue a hearing or a trial for these reasons: At the arraignment, to secure counsel. An arrestee’s first court appearance is often the arraignment, when the judge reads the charges and asks for a plea.

Does the court give you time to find a lawyer?

Yes. Court will give you time to find lawyer.

Can a case move forward if you have an assigned attorney?

It is up to the Court but if you have an assigned attorney the case will probably move forward .