24
December
What Delays Cases?
Everyone wants their court case to be finished with the judge’s ruling finalized as soon as possible. Quickly is unheard of in the legal world but in many instances there are causes for delays which of course add time to arriving at the final judgment. Here are some of the most frequent reasons for a delay:
- In most jurisdictions courts are backed up with cases, sometimes for many months. Depending on the type of case and the length of time required to hear the case, to be placed on the docket or schedule can take weeks to months. And, once on the docket either side can ask for a continuance or rescheduling for just about any reason from sickness, to attorney unavailable at that time, to either party (in the case of divorce for example) needing to be out of town during the scheduled date.
- When a case has been heard at mediation,and there is no resolution, then it must wait to be scheduled for a court hearing.
- Either side can cause a case to stall by not submitting required documents such as discoveries, interrogatories, or financial disclosures in a timely manner.
- On the day of the scheduled court hearing, the case just before can take so much time, the next case has to be rescheduled for another date.
- A case can take more time than planned and must then be rescheduled.
- Important witnesses fail to show, especially special witness such as a forensic specialist, psychiatrist, social worker or pediatrician and so the case cannot be finalized at that particular time,and another hearing must be scheduled.
- Judge suddenly becomes ill or has an emergency requiring the canceling of court.
- Weather is so severe court has to be canceled until it is safe to travel.
- The evidence is found to be in error such as a witness giving false testimony,and further court time is needed to resolve the issue.
- An attorney removes him or herself from the case.
- A client changes their attorney during the case
- Either party is arrested and/or convicted of a crime which alters the handling of the case,so rescheduling is necessary.
There is never a guarantee that a case will be heard exactly when it is first scheduled to be heard. In fact, resolving legal issues is “just a matter of time.”