Re: Process of Requesting Postponement?

Posted by MCM bait (66.149.179.202) on March 11, 2004 at 18:44:42:

In Reply to: Re: Process of Requesting Postponement? posted by SilverSurrfer2007 on March 11, 2004 at 18:35:45:

I don't know about NY, but here the time to bring up improper service is before you file your answer. Once you have filed your answer and appearance, the court has jurisdiction over you and improper service is sort of moot.

Now, if you received notice only a week or so before trial, asking for a continuance or delay of trial in order to prepare your defense is certainly appropriate. You would want to do that by personally appearing before the court. Filing a motion of any kind like for discovery, particularly if it's small claims, is sort of frowned on (if not barred). If it's NOT small claims, then by all means file a motion for a delay of trial. Search the statutes for the right terminology.

BTW, the clerks are barred from giving you any legal advise. Check to see if there's a Pro Se office in the court and talk to them about help in filling out the right form. They won't give you legal advise, either, but they'll at least help you with the forms.

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