Legal Question in Civil Litigation in Louisiana

continuances and appeals

I have been sued in civil court and didn't have an attorney to represent me and was denied a continuance. what rights do I have? In Louisiana do I have a right to one continuance in civil court? Can I file an appeal? How long do I have?


Asked on 11/15/03, 9:30 pm

1 Answer from Attorneys

J.Clayton Davie, Jr. Davie & Davie, LLC

Re: continuances and appeals

Your inquiry doesn't indicate what scheduled event you sought to have continued or postponed, i.e., to file an Answer to the Petition; to obtain an attorney, the trial date, etc., and whether the case went to trial, all of which can effect the delays or time limits within which you have to act to preserve your right, if any, to appeal. As a general rule, any kind of continuance is within the discretion of the court and cannot be overturned absent an abuse of discretion. Unless there exists a basis for you to argue that the judge abused his or her discretion(e.g., a critical witness which was under subpoena failed to appear at trial and the court refused to accept your proffer of proof as to what the witness would say), you may have waived your rights to have the matter reconsidered by the court or reviewed by an appellate court. Obviously, additional information would be required.

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Answered on 11/16/03, 8:49 am


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