Legal Question in Civil Litigation in California
If a case has been on hold for a few weeks because the defendant would not respond with an available time. Should the plaintiff file a continuance?
2 Answers from Attorneys
What part of the case is on hold? Mediation, deposition, trial? Let us know and we can answer better.
If it is a deposition, you give them 1-2 weeks to response and then set the date that is best for you. For arbitration or mediation, give the person holding the appearance after about one week dates that are good for them and ask after another week that they set one of the dates listed and tell the other side that is the date unless they provide a different mutually acceptable one within 5 days. Requesting a continuance involves more expense, time, and often will not be granted, especially if little effort has been shown on your part.