How Do I Get a Continuance to Respond to Discovery Request in Louisiana?

Full Question:

How should I prepare a Request for Extension to Respond to an Interogatory and request for Admissions
07/07/2009   |   Category: Civil Actions   |   State: Louisiana   |   #17376

Answer:

Generally, a motion for continuance has a case caption at the top, including the court name, the names of the parties, the case number, and the title of the motion. In the body of the motion, the facts are succinctly stated, such as the date the action was filed, the currently scheduled date of the hearing, and the reason for requesting additional time, such as the need to obtain legal representation. The motion may state the reason for the inability to obtain counsel, such as absence from the jurisdiction, and that the motion is not being made for purposes of delay, but to prevent injustice. The court may deny the motion if it finds the failure to obtain counsel is due to unreasonable delay, lack of diligence, or neglect on behalf of the moving party.

The final paragraph is called the prayer for relief, in which the moving party respectfully requests that the court grant a continuance for the matter scheduled on a particular date, and is signed by the party or their attorney. Typically, a notice of motion and certificate of service follows. It is also possible to file a stipulated motion when the other party or their attorney has agreed to the continuance. I suggest calling the clerk of court, as local court rules regarding motions for continuance vary by court.

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