Postponing A Court Date & The Expert Witness Part 1

If something unexpected happens to an expert witness what are your rights about postponing the court date? Answer by attorney Michael R. Nack:

In any given lawsuit it may become necessary or advisable to seek a postponement. Sometimes, and at some stages of the proceedings this can be achieved through the consent of the parties with the approval of the Judge. In other cases, a formal Motion is required to be filed and argued with the Judge deciding whether to grant the Motion or not. There are occasions when the case simply can not be continued by any method. If the plaintiff is not prepared to proceed to trial, the plaintiff may dismiss the case “without prejudice” which means that the suit may be refiled within one year. Perhaps this is what your attorney was suggesting.

I would certainly make an appointment, sit down and get answers to all of your questions before you consider changing attorneys at this stage of the proceedings. However, if you do come to a decision to change attorneys, you have the right to terminate your employment of your present attorney. You should do so in writing, and you should make arrangements to pick up your complete file from that attorney. Then, you should by all means obtain another attorney to take over. By the way, your first attorney may be legally entitled to some compensation for the time and effort put into your case even if you do decide to change attorneys. Please consult with your attorney before making any changes.

This question and answer regarding expert witnesses appears on Law