Friday, January 20, 2012

How to change a court date for a motion I filed. What docs to use?

I have to travel overseas and its schedule for October 6 but I am receiving the payment after many days waiting for the company to answer the interrogatories. The interrogatories were answered after the 20 days time line so I filed an motion but now I am getting paid but still want the company answer legally because they were very carelessHow to change a court date for a motion I filed. What docs to use?So I guess you filed a motion to compel. You need to call the court clerk and ask him/her to change the hearing date. The clerk will probably ask you if you have cleared a new hearing date with the other side. Some clerks will not give you a new hearing date unless you have met and conferred with the opposing party. If you do get a new hearing date, you will have to "re-notice" the motion, i.e. file and serve a new version of the motion which has the correct hearing date on the first page.



And a bit of unsolicited advice -- now that the company has answered the interrogatories, you may need to file a new motion anyway because the grounds for your motion will have changed from "they didn't answer at all" to "their answers weren't adequate." So the easiest thing to do might be to take the motion off calendar entirely and file a new motion, which will allow you to pick your hearing date.

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