QUESTION

How many times can the opposition postpone my son's court date?

Asked on Nov 11th, 2011 on Personal Injury - New York
More details to this question:
My son's EBT is coming up next week and his attorney just called and told us it has been postponed until January. How many times may the opposition postpone this?
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3 ANSWERS
Answered on Nov 14th, 2011 at 12:41 PM
These things happen. It can be very difficult to get all of the attorneys, parties, room and court reporter available at the same time. I typically give one or two extensions then I get testy. I do this because I know there will be times when I will be the one requesting the extension. Also, by the time you file a motion to compel the EBT (asking the court to make the EBT happen) and it is actually heard by a judge..... January will have come and gone. Plus, filing that motion costs a few bucks and will drive up costs a little. Unfortunately, the wheels of justice turn but, they do so very slowly. Be patient.

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Answered on Nov 11th, 2011 at 9:41 PM
Your son should ask his lawyer if there is a "Scheduling Order". If there is, he wants a copy. If there isn't, he should tell his lawyer to get one. That way, if there are more adjournments, the judge will get fed up and order dates certain.

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Answered on Nov 11th, 2011 at 9:11 PM
Quite a few times. Your son should tell his lawyer to get the deposition "so ordered" and then it will be tougher for them to adjourn.

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