In a debt collection case, if I send interrogatories to the plaintiff which is supposed to allow for a 30 day turn around time, but just received a notice of a court date that takes place sooner than that turn around time, what should i expect to happen?
Answered on: 2/22/13, 6:04 am by Philip Stern
I assume your case in the Special Civil Part. Here's what the Court Rule says (it would seem that paragraph b applies to your situation):
6:4-7. Adjournment of Proceedings.
(a) Generally. All requests for adjournments of hearings, trials and complementary dispute resolution events shall be made to the clerk's office as soon as the need is known, but absent good cause for the delay not less than 5 days before the scheduled court event. Prior to contacting the clerk's office, the party requesting the adjournment shall notify the adversary that the request is going to be made and, except for requests made pursuant to paragraph (b) of this rule, shall then notify the clerk of the adversary's response. The court shall then decide the issue and, if granted, assign a new date. The requesting party shall notify the adversary of the court's response.
(b) Adjournment to Complete Discovery. If a case in which discovery is permitted is listed for arbitration, mediation, or trial before the expiration of the time allowed by these rules or court order for discovery, an adjournment to complete discovery shall routinely be granted without necessity of an appearance or the consent of the adversary if the request is made within the discovery period and discovery was timely commenced, as required by these rules. The requesting party shall notify the adversary of the court's response.
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