I’m dealing with a workers’ comp claim where the insurance carrier just switched lawyers for the third time. The new attorney missed the deadline for the Joint Pre-Hearing Statement and Stipulation Form and is now saying she has another hearing at the same time as mine. She asked if I’d agree to delay my hearing, which is exactly a month away. I already told her no because it’s affecting my mental health, but I’m not sure if the judge might still grant it. Should I push for a rescheduled date within the same week if I have to agree to a continuance?
Good call on saying no initially! You’re not obligated to agree. They’ve had plenty of time to prep, so any delay should be short if necessary.
Teo said:
Good call on saying no initially! You’re not obligated to agree. They’ve had plenty of time to prep, so any delay should be short if necessary.
Exactly! I don’t want them dragging this out for no reason.
@Dexter
You could argue that multiple lawyer changes show a pattern of delay tactics.
Since they missed the pre-hearing deadline, you could point that out in your response. Judges take deadlines seriously.
Ari said:
Since they missed the pre-hearing deadline, you could point that out in your response. Judges take deadlines seriously.
I’ll definitely mention it. They keep pushing limits!
@Dexter
Good idea. If they’re unprepared, that’s on them.
If the judge allows the delay, requesting a date within the same week sounds reasonable. You could also push for a limit on how far it gets pushed.
Ira said:
If the judge allows the delay, requesting a date within the same week sounds reasonable. You could also push for a limit on how far it gets pushed.
Makes sense. I’ll request that if it’s rescheduled.
@Dexter
Smart move. Less disruption that way!
Courts usually prefer keeping things on schedule, especially if it’s clear one side is dragging things out. Stay firm in your position.
Jude said:
Courts usually prefer keeping things on schedule, especially if it’s clear one side is dragging things out. Stay firm in your position.
Agreed. Be ready to show how these delays affect you.
You might also ask if they’re willing to narrow down to specific dates and avoid any open-ended delay. Courts sometimes favor limited extensions.
Skyler said:
You might also ask if they’re willing to narrow down to specific dates and avoid any open-ended delay. Courts sometimes favor limited extensions.
Good tip. I’ll make sure the request is specific.
@Dexter
Best of luck! Hopefully, the judge sees through their tactics.