Legal Question in Personal Injury in Missouri

Filing a continuence

I am a defendent in a civil court lawsuit, I was not only unaware that I was going to be sued(she said she was going after the funeral home). I was also given less then two weeks notice, short time to find a lawyer or even get myself ready! How does one file a continuance on their own?

Asked on 10/21/08, 12:01 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law
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Re: Filing a continuence

If the summons you received contains a court date, then you should be sure to appear at the time and place stated on the summons. When your case is called be sure to stand up and let the judge know that you are present. You might have the opportunity to request a continuance in order to obtain counsel at that point, or a little later after the plintiff's lawyer has had a chance to talk wth you. Do not agree to anything. Get a continuance and hire an attorney. If this is a Circuit Court suit, then the summons simply states that you have thirty days to answer or otherwise appear. You can file a Memo in your court file requesting an additional thirty days to obtain legal counsel, but you must "walk it through" and be sure a Judge grants you the thirty days or else the other party may still be able to have a default entered. I hope that this has been helpful for you, and you should feel free to call me for a consultation.

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11/02/08, 10:48 pm

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