Legal Question in Family Law in New Jersey
Adjournments
My friend has a court appearance scheduled for Friday 12/7/01. She is unable to apear because of health. How should she request an adjournment?
1 Answer from Attorneys
Re: Adjournments
Some additional information is needed for proper answer. IE - What Court, What Judge, and What is taking place - is matter marked final or for trial?
and does your friend have a lawyer?
First - If your friend has a lawyer she should notify her/him immediatly so he/she can take proper steps. Thats their job and the worst thing to do is to inform them at the last minute.
Second - Under the assumption that she does not have counsel :
The request for adjurnment must be done right otherwise there can be consequences including "sanctions" ( fines) warrant for arrest, or a default ( case over - she looses )
Why ?
Each court has its own ways of proceedure .
Family Court and Supreme Court each have their separate rules. Additionally some Judges have their own rules regarding what must be done etc.
As a general answer first find out the name of the Judge who has the case. The rules are published on several web sites. If there are no specific rules then the court clerk can be contacted regarding the
proper proceedure.
As a general rule I suggest the following:
1. If health reasons - get verification from MD othewise her excuse is suspect and the court may proceed in her absence. Letter should be provided so medical condition can be verified. Also indicate when medical condition will change so as to allow her to proceed.
2. Any communication to court must have copies sent to all other counsel ( or parties who do not have counsel ) -
3. It may be advisiable to contact other party/counsel first before contacting court - the matter may be adjourned on consent subject to courts approval.