This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
In legal terms, a change in a hearing date to a date in the future is called a “continuance” of the hearing.
As I explained today, I need a continuance of the hearing on (date) . I ask you to reschedule because (reason): Please let me know by (date) if you will agree to a continuance. If you agree, please send me a letter or email that says that you agree to the continuance.
I am requesting a continuance until after (provide a date when your scheduling issue will be resolved) when this scheduling conflict will be resolved. Thank you for your attention to this matter. The rules and procedures regarding requesting a continuance can vary depending on state and local rules.
There is no magic number of times you can ask. It depends on the judge and the reason for the request. You can't keep going to court asking for a continuance for the same reason over and over again.
A “motion for a continuance” is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date.
You must explain your reason for making the request and be sure to include the case number, the year of your case, the scheduled date of the hearing you will not be able to attend, and the Part and room number where your case is scheduled. Address the letter to the appropriate civil court clerk's office.
Generally, you can turn in a form to ask for a new court date and the court will make a decision and mail it to you. If the court date is less than 10 days away, though, you'll need to explain on the form why you waited so long to ask.
Writing Your Letter Search for a form letter. Some courts print off forms that you can use to request a hearing. Open a word processing document. Insert a salutation. Add a heading. Begin the letter with your request. Explain why you need the hearing. Provide a contact number. Sign the letter.
A losing party pays attorney fees only if the winner is specifically given the right to recover legal fees in a contract between the parties or through a state or federal law. Learn about preparing a defense in Disputing a Small Claims Court Case: Fight Back.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.