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How can I postpone a trial date for several months?

How can I postpone a trial date for several months?

Q: How do I file a motion for continuance in Tax Court?

To file a motion for continuance in Tax Court, prepare a document titled 'Motion for Continuance' that includes your case heading, names of the parties, court name, and case number. Submit this document to the court and send a copy to the IRS counsel. A hearing will be scheduled for the court to consider your request.

Q: Can I communicate with IRS counsel about my trial date?

Yes, you can communicate with the IRS counsel handling your case regarding your trial date. Discussing your situation may help facilitate a change in the trial schedule. However, keep in mind that the IRS counsel is not obligated to agree to any changes.

Q: What factors affect how long I can postpone my trial date?

The length of time you can postpone your trial date depends on various factors, including the agreement between both parties and the court's discretion. There is no set standard for how far into the future a trial date can be moved, as it varies based on the specifics of the case and the court's schedule.

Full question:

I have a trial date scheduled for 5-16-11 in Tax Court in San Francisco, CA. I wish to move the trial date forward several months (5 or 6 months), so I can have time to find an attorney to take my case, which I should have done by how, but didn't do. 1.) How do I move the trial date forward? 2.) What form do I use to do this? 3.) Can I talk with the IRS counsel handling the case and work with her to move the trial date into the future? 4.) How many months into the future can I move the trial date - what is standard?

Category: Civil Actions
Date: 04/07/2025
State: California

Answer:

We cannot give legal advice, and are not forming an attorney-client relationship with you. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.

1.) How do I move the trial date forward?

You petition the court for a "continuance," meaning a postponement to a future date. This would be done through a Motion for Continuance.

2.) What form do I use to do this?

You could file a piece of paper with the same heading as the other paperwork in the case, including names of parties, court name and case number, then titled, Motion for Continuance. You also mail one to the gov't attorney. You then have to have a hearing date set, where the court decides whether to grant your motion (the court doesn't have to, but will likely do so if the gov't attorney agrees, so it is wise to consult her first.) If you hire a lawyer quickly, he can request the continuance and it will almost surely be granted.

3.) Can I talk with the IRS counsel handling the case and work with her to move the trial date into the future?

Yes, this would be the most useful thing to try. But she may not agree.

4.) How many months into the future can I move the trial date - what is standard?

There is no standard, it is whatever is agreed by the parties or whatever the court allows.

You should get a Tax Attorney in the next week or so, and he/she will request the continuance. Doing it on your own doesn't make sense. Just go get an attorney, you still have time.

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

What is a motion for continuance?

A motion for continuance is a formal request to the court to postpone a scheduled trial date. It allows a party to seek more time to prepare their case or for other valid reasons. To file this motion, you must create a document that includes the case details and submit it to the court, often with a copy sent to the opposing party. The court will then decide whether to grant the request.