Missed Court Appearance Consequences

Summary

If an attorney misses a court appearance, they should immediately contact the court and file a Motion to Continue or Motion for Relief in Pennsylvania. This motion should include an explanation of the absence, supporting documentation, and a request for a new date. Prompt filing is crucial to avoid further complications. Consult local court rules for specific format requirements.

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I failed to appear at my oral argument as cousnel schduled today it was an accident
Oh no! That sounds stressful. Missing an oral argument can have serious consequences. Did you reach out to the court or your attorney to explain the situation?
i am the attorney
It sounds like a challenging situation. As the attorney, you should immediately contact the court to explain the situation and request a rescheduled date. Courts may grant a continuance or rescheduling if you provide a valid reason for your absence. Have you already contacted the court to explain the accident?
No I figured a more formal pleading or motion was required to justify my absence
As an attorney, you should promptly file a formal motion to explain your absence and request a new date for the oral argument. In Pennsylvania, this could be a "Motion to Continue" or "Motion for Relief." Make sure to include any supporting documentation regarding your accident.
Have you drafted the motion yet, or do you need guidance on the format and content?
yes
Since you are already familiar with drafting motions, ensure your "Motion to Continue" or "Motion for Relief" includes:
- Explanation of your absence
- Supporting documentation (e.g., accident report)
- Request for a new date
Make sure to file it promptly to avoid further complications. If you need specific format guidance, you may want to consult local court rules. Would you like more details on the format?
yes
In Pennsylvania, when drafting your motion, you should ensure it includes the following:
- Title: "Motion to Continue" or "Motion for Relief"
- Introduction: Briefly explain who you are and the case details.
- Explanation of Absence: Describe the accident and why you missed the oral argument.
- Supporting Documentation: Attach any evidence, like an accident report.
- Request: Clearly state you are seeking a new date for the oral argument.
- Conclusion: Summarize your request and state you are available for any questions.
Would you like to know more about the specific local court rules for filing this motion?