Legal Question in Credit and Debt Law in Indiana

Continuance

How and where can I get a sample letter of what I would need to fill out/send to ask for an continuance for my court date i have coming up. Internet forms will charge me and I don't know where to look and I am not very smart when it comes to this kind of information...help?


Asked on 2/22/07, 3:22 pm

1 Answer from Attorneys

Voyle A. Glover Attorney at Law

Re: Continuance

Copy the header information from the documents you got from the court. Typically, they will have:

State of Indiana) County & Name of Court

County )

[so and so creditor ] )

-vs- Cause No.

[your name )

That's the header. Copy all of that. Below that, centered, put in all caps the words: DEFENDANT'S MOTION FOR CONTINUANCE. Below that, doublespaced, put the reason for the continuance. File original and at least 2 copies with the Court. Make sure you sign it, printing your name and address. Do all of this at the same time, i.e., same day.

Ask the clerk for a CCS. Ask for help filling it out. File original and 2 copies. Take a complete set of copies and mail a file stamped copy to the attorney for whoever is suing you.

That is no guarantee the court will guarantee a continuance. But that's how it's done. In some courts, you need to file a form order with the motion, but since you're pro se, the court may cut you some slack there.

I would call the attorney and ask if he or she has any objection. Then, when you file, you can put in your motion that opposing counsel has no objection to the continuance.

Good luck.

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Answered on 2/22/07, 6:50 pm


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