How can we get a hearing delayed until new legal counsel is secured?

Full Question:

My son's attorney just withdrew from his case because he said we have no confidence in him. He's right. This is a custody situation and the other side has called a court hearing. The problem is the attorney who my son wants to hire ( she has verbally agreed to take the case) is out of town for another 3 weeks or so. The hearing will take place before she returns. We really want her services. Can we have the hearing delayed until she returns? What do we need to do?Thank you,M
05/06/2011   |   Category: Civil Actions   |   State: Utah   |   #24788


The answer may depend upon the history of the court proceeding.

The Utha Rules of Civil Procedure allow for a party to request a continuance of a court hearing.

Rule 40. Scheduling and postponing a trial.

(a) Scheduling a trial. Until a case is certified in accordance with Rule 16, the court may but is not required to schedule a trial.

(b) Postponement. The court may postpone a trial for good cause upon such terms as are just, including the payment of costs.

(c) Preserving testimony of witnesses. If requested, the court may conduct a hearing to examine and cross-examine any witness present, and the testimony may be read at the trial with the same effect as and subject to the same objections to a deposition under Rule 32.

If you want to change the trial date, you must request a continuance. Fill out the Request for Continuance from available at the court. The court must receive your Request for Continuance at least five calendar days before trial. The Court Clerk can grant a continuance of up to 45 calendar days. A longer continuance may be granted only by the judge. each side can only get one continuance from the Court Clerk.