The other party’s attorney has delayed a court hearing for his client for an exparte twice now. He claims he has to appear for other cases.
How many times can he continue doing this? I got notice from him last Friday. Monday I called the court and they had already granted to him an extension without having to make a court appearance.
Can the other party keep doing this, to the point that the case is dismissed?
Also, what is his game plan here by continually delaying the case? If he gets the case dismissed in this manner, will I have to pay for the other party’s attorney fees?
EX PARTE – Lat. ‘By or for one party’ or ‘by one side.’
Refers to situations in which only one party (and not the adversary) appears before a judge. Such meetings are often forbidden.
Continuances are either stipulated by the parties or submitted to the judge ex-parte, for a quick decision.
A continence will not be granted by a judge, in the event it is objected to, due to prejudice to the case.
Thus, you have recourse if you feel any further delay will prejudice your case.
Good luck!
I am going to assume that the term “extension,” in your question means that the court hearing was rescheduled. In my jurisdiction (as in most), we call this a “continuance.”
Continuances are usual and frequent. They are granted at the discretion of the judge. If opposing counsel has a court-conflict, a continuance request will almost always be granted.
The good news is that your case will not be procedurally disadvantaged as a result of the continuance. This means that the case cannot be dismissed simply because the opposing attorney requests rescheduling.
usually 2 then the judge totally gets annoyed and proceds weather you are ready or not but it depends on the actions of the opposing team