How would I get a motion for continuance due to a medical emergency?
A motion for extension of time (continuance) may be granted in the court's discretion to allow a party more time to act in a litigation matter. The court will often grant the motion when the moving party can show a justifiable reason for the delay and is not seeking a delay merely for the purpose of delay or for an improper or harassing motive. Requiring additional time to obtain evidence, witnesses, or assistance of counsel is generally considered a proper motive. The court is more likely to grant an extension when there hasn't been a previous request(s) for additional time. Sometimes a continuance may be stipulated to by the opposing party's attorney and the court may be more likely to grant the extension when it has been stipulated to by the opposing party or their attorney.
A lawsuit is begun and entered into the court calendar by the filing of a complaint. The precise type of complaint filed will depend on the issues involved. When a case has been dismissed without prejudice, it is possible to refile the complaint. A complaint must be filed within the applicable statute of limitations, which varies by state and nature of the claim.
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