How Do I Get a Continuance to Respond to Discovery Request in Louisiana?

Full question:

How should I prepare a Request for Extension to Respond to an Interogatory and request for Admissions

Answer:

Generally, a motion for continuance has a case caption at the top, including the court name, the names of the parties, the case number, and the title of the motion. In the body of the motion, the facts are succinctly stated, such as the date the action was filed, the currently scheduled date of the hearing, and the reason for requesting additional time, such as the need to obtain legal representation. The motion may state the reason for the inability to obtain counsel, such as absence from the jurisdiction, and that the motion is not being made for purposes of delay, but to prevent injustice. The court may deny the motion if it finds the failure to obtain counsel is due to unreasonable delay, lack of diligence, or neglect on behalf of the moving party.

The final paragraph is called the prayer for relief, in which the moving party respectfully requests that the court grant a continuance for the matter scheduled on a particular date, and is signed by the party or their attorney. Typically, a notice of motion and certificate of service follows. It is also possible to file a stipulated motion when the other party or their attorney has agreed to the continuance. I suggest calling the clerk of court, as local court rules regarding motions for continuance vary by court.

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This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If you fail to respond to interrogatories within the 30-day deadline, the opposing party may file a motion to compel you to respond. The court could then order you to provide the answers and may impose sanctions, which could include fines or even a default judgment against you. It's crucial to respond on time to avoid these consequences.