Legal Question in Civil Litigation in California
Hello
Son has been served with a Personal Injury Summons/Case Management. He is in State
Prison. Can I Request a Continuance? Were can I find the right form.
Thanks,
2 Answers from Attorneys
Being incarcerated does not excuse him from any of the rules or procedure, or time limits. He is not entitled to a continuance simply for being in prison. He will need to properly respond pro per or hire an attorney to do so. If he had insurance to cover this claim, like an auto accident, turn it over to them.
I agree with Mr. Nelson. Let me add that you cannot represent your son in court. That means you can't request a continuance, or anything else, from the court on his behalf.
Only a licensed attorney can represent someone else in court. (Many inmates give a friend or relative general power of attorney over their affairs, but that does not mean you can practice law on his behalf.) Your son has the option of representing himself, but he will not be able to make his own court appearances in person.