How the Justice System Saved Halloween....

Yesterday became a little stressful around 4:45ish when I received an e-mail from the Court Coordinator regarding our case being number 1 and the only thing on the docket for October 31st. Why this was a little stressful was because back in early September we filed an agreed to (and first) continuance of the case and even obtained new trial dates. The opposing counsel and myself did a big no, no in this matter. We ASSUMED. We assumed he already signed the continuance and we were set for a new trial date in January. I thought after practicing law now for almost ten years that I stopped that nasty habit of assuming. Any attorney will tell you that you never, never, ever assume anything.

In speaking with Coordinator she stated that our continuance could not be heard until October 26th. Excuse me???? I would like a little more than five days notice if we are going on a jury trial. Therefore, opposing counsel and myself were at the courthouse bright and early in front of the Judge before his morning docket. I won't bore you with the details, but we did have some very good reasons in the interest of justice, and it was agreed to, and it was our first one.

Needless to say, the Judge (who I really respect and like) made us jump through a few hoops (with a huge grin of his face) before he granted the continuance. After he granted the continuance, I told him if my interest of justice argument didn't work then I was going to have to pull out a picture of Payton in her Halloween costume saying, "Please, please let my mom take me trick-or-treating." He got a laugh out of that and said he probably would have granted it on that argument alone.

However, I have learned two things from this. Never, ever agree to schedule a trial on a holiday, and always make sure that you follow-up on filed motions. They can come back to bite you in the butt.