There may come a time when your obligations, be it for work, illness, or an unforeseen emergency, make attending court on the scheduled date impossible. In such situations, people usually ask: Can I reschedule my court date over the phone? The answer to this question is complex as it varies depending on jurisdiction, the type of case, and the individual court’s policies. The following will help you identify what steps to follow and what options are available regarding this issue.
Court Rescheduling Policies – An Overview
Though it may seem simple, rescheduling a court date is a complicated process that cannot be done over the phone instantly. Each jurisdiction has its own set of policies which makes this process even more complicated and further depends on the type of case and the court dealing with it.
Types of Cases that May Allow Phone Rescheduling
- Traffic Violations: Several courts allow requests to reschedule appointments and meetings for minor traffic violations to be done over the phone or even online.
- Misdemeanor Cases: Certain courts allow over-the-phone requests for rescheduling, however, you may need to file an official motion in some instances.
- Civil Cases: Civil cases generally have more leniencies set in place when it comes to rescheduling compared to other types of cases.
- Felony Cases: These types of cases are especially serious and in many instances, a physical request or a legal representative has to make a request to the court on their behalf.
Steps to Reschedule a Court Date Over the Phone
If you want to change your court date and do so over the phone, following these steps may make it more likely that you will be successful:
Call the Court Clerk First
Start with ringing up the court clerk’s office. They will answer your questions on whether rescheduling can be done over the phone and will inform you on how to do it properly.
Be Prepared to Answer Your Case Type
Be ready to give out your case number, full name, and the reason for the need to reschedule. To some courts, it may be necessary to only allow phone rescheduling for certain types of cases.
Check Individual Court Rules
In some jurisdictions, it may be necessary to submit a request for continuance form that is sometimes available online or sent out by email.
Provide A Reason That Makes Sense
Courts will not reschedule cases unless they have a valid reason to do so. Some acceptable reasons might be:
- Medical emergencies (with proof)
- Work reasons (if permitted by the court)
- Family issues
Respond in Writing if it’s Needed
Some courts will give you the option to reschedule, but may also require you to confirm such information in writing, perhaps by email fax, or mailing.
What Happens When You Don’t Attend Court?
If you simply do not show up for a scheduled court appearance, you can suffer from the following repercussions.
Traffic Related Offenses: An FTA warrant may be issued and there may be a penalization such as loss of driving privilege or additional expenses.
Misdemeanor And Felony Offenses: A judge may issue a bench warrant for your arrest.
Civil Cases: You might be subjected to a default judgment by the authority figure in charge.
Call the court directly for them to hear the current circumstance you are in, and see if there is any possible remedy for the issue if you did skip the earlier court date.
Alternatives to Rescheduling Via Telephone
If your specific court does not allow phone reschedules, other alternatives may be possible:
Change The Date Online
A few courts have what is known as an online case management system. You may electronically request a change in date from your court.
Through An Attorney
Having a legal representative can help make things easier. Attorneys can file a motion requesting to change the date to allow for approval easily.
Personal Visit to the Court
Visiting the courthouse in person and speaking to the clerk can be more beneficial than trying to request the modification online.
FAQs
Is it possible to change my court date over the Internet instead of using the telephone?
Some courts provide online case management systems that enable you to file a request for your hearing date electronically.
What should I do to remedy the situation if I did not attend the court hearing?
Give the court a call and tell them your version of the story. You may need to file a motion to recall a bench warrant or set another date for your hearing.
Will proof be necessary for me to change the date of my hearing?
Certain courts do require a statement or other proof such as a medical doctor’s note or a letter from work for a request to change the date assigned to a hearing.
Can my lawyer change the date of my hearing on my behalf?
Attorneys may on your behalf file a motion for continuance while they can attend without you and still obtain your consent therefore they can also increase the chances of acceptance.
What happens if my request to reschedule is denied?
And if the court refuses your request, you have to show up on your scheduled date or else you could be legally penalized.
Conclusion
In short, can you change your court appearance date over the telephone? It depends on the type of court and the case. Some courts do, while others require written motions, request forms, or in-person visits. The critical part is being proactive to contact the court in the shortest time possible to discuss the options available to you. Not showing up for a court hearing can mess things up, so you should not put off working on a new date.