Just like in high school, there are reasons that work and reasons that don’t work when you just want to stay in bed and not face the world. In high school, maybe you didn’t finish that book report, and needed just another day of procrastination to put the finishing touches on it, so you prayed for snow or faked illness. Today, maybe you actually do have an important event in your life that conflicts with your court date, or maybe, just like in high school, you just don’t want to face up to your responsibilities in the real world.
What you want is called a continuance, and in a civil case, unless there is a specific statutory reason that requires a judge to give you a continuance, it is at that judge’s sound legal discretion to give that continuance “as the ends of justice may require.” (See O.C.G.A. 9-10-167)
So, if you don’t have one of the statutory reasons, (such as being a member of the Georgia General Assembly or perhaps being called up for National Guard duty) you best either start praying for snow, or talk to your Georgia lawyer about what will appeal to the "sound legal discretion" of the judge.
In a criminal case, the specific code section above doesn't apply, but the principle does. There are a few statutory reasons for a continuance being required, but mostly, it is in the discretion of the judge to grant the continuance. (See O.C.G.A. 17-8-20 through 17-8-38)
I wouldn’t recommend writing a letter to the judge informing him that you have died unexpectedly, but that is the bad choice that some people unfortunately make. (To look into the glassy eyes of the genius who thought this would work, go to this website, and enter 873774 in the text box labelled "SOID", and select "Inquiry" instead of "In Custody" in the drop down box. If she hasn't been arrested again, clicking on "Last Known Booking" in the screen that appears will bring up the gory details and her mugshot.)
If you have died, you certainly will be freed of your earthly responsibilities, but unsigned anonymous letters informing the court that you, a fleeing felony defendant, are seeking donations for imaginary illnesses are only going to really annoy the bail bondsman, if not the judge.
Believe it or not, calling in sick is a potentially legitimate course of action to take, but even if you really do have an illness requiring surgery, if you move up an operation to conflict with your court date, you may not get that continuance, especially if this is the 5th continuance that you are asking for. (See Appling v. Tatum, 295 Ga. App. 78 (2008).)
The best way to get a continuance is to have the opposing party agree to allowing the case continued, and if you don’t have a lawyer, you better get on your thinking cap to figure out how to get that party to talk to you. If it is a criminal case, the prosecutor will probably be too busy to return your call, but in all blunt sincerity, his or her job is putting you in jail, not teaching you the subtleties of the law and the correct way to delay your case. Point being, get a Georgia Criminal Defense Lawyer.
If it is a civil case (and keep in mind that “civil litigation” is one of the starkest oxymorons that you will ever encounter) you will have an even lesser chance of success without a lawyer to speak the magic words that will result in agreement for a court ordered continuance. Same point to make, get a Georgia Trial Lawyer.
To sum up, you have to have a better excuse than you did when you were in high school for not going to school, because it isn’t your mom making the decision any more.
This is brilliant!!1!
ReplyDeleteYou the man Skip!
ReplyDelete