If I have a court date for this week for eviction hearing, would a judge grant me a continuance to seek council and how long would I get?

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If I have a court date for this week for eviction hearing, would a judge grant me a continuance to seek council and how long would I get?

Asked on September 17, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A judge has the discretion to grant you a continuance or adjournment. The judge is not obligated to do so, but most likely will, in order to allow you to find counsel; courts are sympathetic to this, since they want people to have legal counsel. To maximize your chance, request the adjournment as soon as possible--contact the court on Monday morning.

As for how long--a typical adjournment like this would be for 1 - 2 weeks, which should be more than adequate time to  secure the services of an attorney.

Again, don't wait until the day of the court date, if you can help it; you can contact the court ahead of time, and the more warning you give the court of a request for a delay, the more favorably the court will generally view your request. Good luck.


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