XXX
SUPERIOR COURT OF THE STATE OF XXX
COUNTY OF XXXX
| XXX,
Petitioner, vs. XXX, Respondent(s) |
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) ) ) ) ) ) ) ) ) |
Case No. :XXX
PETITIONER’S MOTION TO RESCHEDULE |
NOTICE OF PETITIONER’S MOTION TO RESCHEDULE
TO ALL PARTIES AND ATTORNEYS OF RECORD:
You are hereby notified that on ____________________ (Date), at ___________ (am/pm), Jeremy Shorter will bring on for hearing his Motion to Reschedule. It will be based on this Notice of Motion, the attached Motion to Reschedule, exhibits adduced in support of the Motion, as well as oral arguments that may be presented during the hearing.
Dated this _____ day of XXX.
Respectfully Submitted,
___________________________________
XXX,
Petitioner in pro per
XXX
SUPERIOR COURT OF THE STATE OF XXX
COUNTY OFXXX
| XXX,
Petitioner, vs. XXX, Respondent(s) |
)
) ) ) ) ) ) ) ) ) |
Case No.: XXX
PETITIONER’S MOTION TO RESCHEDULE |
MOTION TO RESCHEDULE
NOW COMES XXX, Petitioner, and files this Motion to Reschedule, and for cause would show this Honorable Court as follows:
- There is a hearing scheduled to take place before this Court on [Insert Date]. Petitioner would like this Court to grant him a [Number of Days] continuance and reschedule the [Hearing/Trial] to [Insert Date].
- In Georgia, “[a]ll applications for continuances are addressed to the sound legal discretion of the [trial] court.” King v. Irvin, 614 SE 2d 190 (2005); OCGA § 9-10-167(a).
- Nevertheless, Georgia law mandates that a continuance be granted under certain circumstances. For example, OCGA § 9-10-154 requires a continuance “[i]f either party is providentially prevented from attending the trial of a case, and the counsel of the absent party will state in his place that he cannot go safely to trial without the presence of the absent party… provided the continuances of the party have not been exhausted.” And OCGA § 9-10-153 states:
It shall be the duty of any judge[,] … on or without motion, to continue any case in the court when the case is reached and any party thereto … is absent from the court by reason of his service in the armed forces when such service directly prevents his attendance in court … unless … the leading counsel, in the absence of the party, on the call of the case, announces ready for trial…. [I]f the party plaintiff or defendant is absent, his counsel shall state in his place that he cannot safely go to trial without the client.
- As the applicant for continuance and subsequent rescheduling, Petitioner has demonstrated good cause as to why the [Hearing/Trial] should be rescheduled to [Insert Date].
- There will be no prejudice as to Respondent if this Motion is granted, as Respondent will not suffer any harm or injury as a result of the continuance and subsequent rescheduling.
REASONS WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully requests this Honorable Court to GRANT this Motion to Reschedule and reschedule the [Hearing/Trial] from [Insert Date] to [Insert Date].
Dated this _____ day of XXX.
Respectfully Submitted,
___________________________________
XXX,
Petitioner in pro per
VERIFICATION
I, Jeremy Shorter, do hereby declare under penalty of perjury under the laws of the State of Georgia that I am the Petitioner in the above-styled matter, that I have read the foregoing Motion to Reschedule, and know the contents thereof. That the same is true and correct, except things stated upon information and belief, which I declare to be true.
Dated this _____ day of XXX
Respectfully Submitted,
___________________________________
XXX,
Petitioner in pro per
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a true copy of the foregoing document by email to gosdchosenchildren@yahoo.com, and also by U.S. mail with sufficient postage affixed thereto to guarantee delivery to the following:
XXX
Dated this _____ day of XXX.
Respectfully Submitted,
___________________________________
XXX,
Petitioner in pro per