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Should i submit a Motion for Continuance or Rule 11 Agreement from other party?

Business 4 views 2 answers
A Motion for Continuance was prepared, on grounds of awaiting evidence, however i received a Rule 11 Agreement from Other party to re-set hearing for a later date. Now i'm not sure which is best to file.

Attorney Answers

2
Guy Wade ·
If it is just a hearing on some pretrial motion not covered by the court's scheduling order or order setting trial date, then the parties can agree to postpone that hearing and reset it for a later date. A Rule 11 agreement works for that purpose. If you are talking about moving the trial date set by the court you will need to file a motion for continuance and get the court to enter an order moving the trial date.
0 upvotes
Charles Soechting ·
I agree with Mr. Wade; if it's a Rule 11 to move a date for something that is not already set and is not controlled by the court's scheduling order, then a R11 is probably sufficient- BUT MAKE SURE IT'S IN WRITING and SIGNED. If it's for a hearing date with the court, make sure it can be moved and that your remedy will still be available if the time is allowed to pass.
0 upvotes

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