Wednesday, May 25, 2011
Requests for Continuances: Please Follow the Rules
At the risk of being repetitive I am compelled to comment once again upon the common practice of lawyers faxing an ex parte request for a continuance when not having the consent of the opposing party or counsel. These requests are summarily denied as ethically a judge cannot consider them. Usually they are in the nature of "Party X has just retained me regarding the hearing tomorrow at 9:00 a.m. I request a continuance as I have a _____________hearing in __________court (usually something REALLY important like federal court)." Please comply with General Rule of Practice 122 (referred to in Rule 302.02 of the Rules of Family Court Procedure).