Judge Continuance Denial Criteria

Summary

Judges in Indiana have discretion to grant or deny continuances, considering factors like delay length, request reason, and potential harm. This applies even in custody cases. Judges can deny a childs advocates request to speak privately with a child if its not in the childs best interest. Legal representation is advisable, and courts may offer assistance for those who cant afford a lawyer.

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Can a judge legally deny you a continuance when you have stated you have not had the money to do so
Hello Shastin,
The ability to grant or deny a continuance rests within the judge's discretion. However, lack of funds is not typically a valid reason for a continuance. Could you please provide your location so I can provide more specific information?
Then why does a lawyer get a continuance if they request one
A lawyer might get a continuance if:
- They need more time to prepare their case
- A key witness or evidence is unavailable
- There are scheduling conflicts
Remember, it's still at the judge's discretion. Could you please tell me your location for more specific information?
Madison indiana
In Indiana, continuances are governed by Rule *.* of the Indiana Rules of Trial Procedure. The judge has discretion, but must consider factors such as:
- The length of delay requested
- The reason for the request
- The potential harm to the parties involved
Remember, this is general information and may not apply to your specific case.
Even in a custody case?
Yes, even in custody cases in Indiana, Rule *.* applies. Judges must weigh factors like delay length, request reason, and possible harm to the parties. But remember, each case is unique and treated individually.
Can a judge deny a childs advocate request if he is requesting to talk to a 10 year old and a 12 year old privately
In Indiana, a judge can deny a child's advocate's request to talk privately with a child, but it's rare. This is usually done if they believe it's not in the child's best interest. However, each case is unique and treated individually.
How can that be in the best interest if a child might feel intimidated by merely talking to a judge without a adult around to defend what they think may be the best interest of the child
In Indiana, the judge's priority is the child's best interest. If a child feels intimidated:
- They can voice their concerns through their advocate.
- The judge may allow a third party to be present.
- Judges usually are trained to communicate effectively with children.
Remember, each case is unique and treated individually.
So, in essence pitting a lawyer against someone without a lawyer is legal and fair and then the judge gets to decide the best interest without proper representation
Yes, it's legal. However, it is always advisable to have legal representation, especially in matters like custody cases. Courts often have programs to assist those who can't afford a lawyer. Remember, the judge is neutral and makes decisions based on the child's best interest.