What F.R.C.P. or local rule (Northern District San Jose CA) would I follow in order to cancel a defendants hearing?
1 Answer from Attorneys
Ordinarily, when a party requests the court to set a date for a hearing, the hearing will take place unless the opposing party has some ground to ask for a postponement or cancellation. Often, local rules require an attorney to "meet and confer" with his/her opponent before asking for a hearing on a specific date, and if this were required and not done, that alone might be a ground upon which to obtain a postponement. However, with no more information as to the procedure followed to set the hearing date, the subject matter thereof, or the ruling or order being sought, I can't go any further. The FRCP is fairly complex and the local rules add yet another dimension. Maybe you need legal assistance, from a court advisor or an attorney.