Tuesday, August 17, 2010

Can a court date be moved up to a closer date if already have a court date scheduled?

If an inmate has a court hearing scheduled for a certain date can the inmate request for the court date be moved up to a closer date then originally scheduled?

Can a court date be moved up to a closer date if already have a court date scheduled?
It's possible and legally permissible, but unlikely. It also depends on the type of hearing and the length of hearing. I did get a hearing moved forward recently on a civil matter, but I only needed 20 minutes in Court. Many courts use back-up settings or trailing dockets. Both those terms mean that more than one case is scheduled for the same time and if a case settles, there's another case already scheduled for that time slot. It's always worth trying--you don't get anything if you don't ask.
Reply:You can, but you need a good reason. The last time I did it, my client had an airline ticket to return home overseas and his visa to the U.S. was going to expire, so we had good reasons to move up the date on his reckless driving charge. We wanted to avoid violating his visa and having to buy a new airline ticket.
Reply:Seems that this person wants to take up the entire calendar.
Reply:You can request it, but I doubt it would be granted. Court dockets get filled up pretty quick and completely. There may not be a time space for your hearing that is available. If you want a quick end, plead guilty and avoid the trial completely.
Reply:They can always make a request...but it is unlikely...the courts are backed up pretty tight. I understand everyone wants as quick a trail as you can get but with the amount of crimes commited and the amount of lawsuits the courts don't have space to move up trials unfortunately....you can ask but it is unlikely to be granted unless a space opens up.

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