Court Date Rescheduling Explained
When a court date is rescheduled it essentially means that a scheduled court appearance will take place on a different day. There are commonly several reasons why this occurs, and in many cases a motion must be filed requesting the court to postpone the hearing. The reasons for postponement must often be strictly vetted by the court in order to obtain permission for a reschedule. In most cases, if the court does grant permission to have the case postponed, it will only be postponed one time, and there are some cases when the motion may be denied altogether.
There are many potential reasons why you may need to have a court date rescheduled , but some of the more common reasons that courts will understand and will allow a postponement to occur are: the hearing conflicts with a holiday that may involve multiple family members, a serious illness that warrants a postponement, the inability to obtain representation for the hearing, or the attorney cannot keep the appointment due to a legitimate scheduling conflict in another case. Courts can be very strict about postponing a hearing on the date that has been set, however they do tend to regard these reasons as justifiable enough to allow the postponement of the selected court date.
How To Request A Court Date Change
In most jurisdictions, once you have received your required court date it is your responsibility to ensure that you are able to attend, not the court. If you cannot attend court on your scheduled date, you need to contact the court directly and request a reset to another date. This typically involves contacting the Clerk of Court’s office for the jurisdiction where your charges were filed. In Tennessee, courts are contacted through the individual clerk’s offices, not through the Administrative Offices of the Courts. The clerk’s office for the county where your criminal case has been filed will have a contact number listed on their website or on the web page for the Tennessee Administrative Office of the Courts.
The contact numbers may not be the same as for the District Attorney General’s office, which is who typically prosecutes criminal cases in Tennessee. When you contact the clerk’s office, ask to speak with someone who handles misdemeanor cases, or for the person who handles cases like yours, such as DUI, theft, drug, etc. Request a reset if your charges are in the city or county courts, or "a continuance", which is the formal term for rescheduling a case in Criminal Court or Sessions Court. You will then have a couple of options for the specific way to actually proceed with your case reset request. Depending on the local rules for your jurisdiction, you may be required to appear in person to request a reset. In most jurisdictions, simply notifying the court by phone is sufficient, but it always depends on the local rules. If the court does require you to appear in person, you will likely be asked to appear in front of the Judge that handles misdemeanor cases, or the presiding Criminal Court judge if it is a felony case. The Judge may be willing to reset your case that day, or may inform you to come back on a different day. If the Judge is not available to grant the motion to reset on that day, you may be issued an Appearance Ticket or Order to Appear, which informs you of what day to come back. In some cases, a clear cut reason for the case reset is required. In general, showing proof of hardship that would prevent you from attending court on your scheduled date is usually sufficient.
Consequences Of Not Appearing On Your Court Date
It is essential to understand the concept of a "Bench Warrant" and the legal consequences of failing to appear on a scheduled date. Bench Warrants are issued by a Judge when one fails to appear on the Court date. The prosecution will seek a Bench Warrant when a defendant misses a scheduled Court date. A Bench Warrant is a warrant that orders law enforcement to arrest you and force you to show up for Court. Once a Judge issues a Bench Warrant it goes into the system and can remain there forever. It is essentially a directive to law enforcement to find you, arrest you, and take you to Court. If there is a Bench Warrant out for your arrest you can be arrested at any moment – in the grocery store, on your morning run or anywhere else. Law enforcement can, and often does, pull people over for traffic violations and if they run your name and find an outstanding bench warrant you will be arrested immediately, taken to jail and brought before a Judge. In addition to the legal problems associated with a Bench Warrant you now have the physical discomfort of being arrested, going to jail, and being handcuffed at best and tasered at worst.
Missing a scheduled Court date can result in additional charges or penalties such as:
However, there is no penalty for attempting to reschedule the Court date. The worst that is likely to result from rescheduling a court date is a judge will deny the request. In most cases the new date will be granted.
How To Make A Successful Request To Reschedule
When drafting your request to have a court date rescheduled, it is important to include several crucial elements to strengthen your argument. First and foremost, you should consider the context of your court date and your particular situation. Speaking directly to the reasons behind the date change, explaining the extenuating circumstances of an unexpected life event or careful planning of an unavoidable scheduling conflict, will help you to build your case.
Importantly, you should always attempt to provide proof of your reasoning along with your request to reschedule. This may come in the form of a doctor’s note, flight itinerary, letter from your workplace, etc. For example, if you need to move a court date due to a funeral or some other personal obligation , include the obituary or other documentation that can substantiate your explanation. Keep in mind that in many cases, the person who reviews your rescheduling request will have no prior knowledge of your specific situation and will rely on the contents of your request to make a determination on how to proceed.
Further, it’s important to be polite and maintain a professional demeanor throughout the duration of the court process, even when requesting a date change. Adopting a respectful and formal tone in your writing is essential to making a strong case for yourself. Avoid using language that may be interpreted as rude or dismissive of the court’s time.
Finally, always remain polite and civil in your communications with the court clerk or official reviewing your request. Prepare to follow up if you don’t receive a response within a reasonable time.
What If Your Request For Rescheduling Is Denied
In the event that the ask for a new court date is not granted, the applicant will be given an opportunity to explain why they are not able to appear in court. This will usually occur in the courtroom itself, so be prepared to speak with the judge at this time. As an alternative to appearing in person and providing an explanation, a letter could also be sent to the judge to ask for their understanding in the matter. If the judge is understanding , then the judge may choose to accept or deny the request to dismiss the matter on its own. Keep in mind that this method will not always work and it is at the discretion of the judge. Another option involves speaking with a competent lawyer who is able to handle the case in the absence of the original litigant. If the court will allow this, the attorney can appear on behalf of the litigant and offer an explanation to the judge in person. Finally, it may be possible to seek an appeal from the denial of the request for rescheduling. While this option is often a last resort, it does provide alternative means of achieving a different outcome, so it deserves consideration.