Legal Question in Civil Litigation in California
I had a debtors exam 12/07/2012. It was basically 8 hours of rehashing the case do now we have to return to court 1/17/2013 to continue the exam. Problem is I have been sick with this flu and have a doctors note reflecting this. We have to travel 80 miles to the location of the exam. How can I reschedule this exam. We have also been in contact with the plaintiff to try and settle this but he wants all or nothing. They know we don't have any assets. How do I reschedule this exam.
3 Answers from Attorneys
You don't without agreement of all parties. You could send a family member to court with your current doctor note and 'ask' for a continuance for good cause. These cases are handled 'casually' enough that might work even if it wasn't an attorney asking for you.
I suggest calling the Court clerk for the department where the exam is scheduled and asking the clerk. They can sometimes be helpful.
I disagree with the prior responses. You are going to need to get an agreement with the opposing party, and then file a stipulation with the court to have it moved.
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