Postponement of Calling up for service

Postponement of Calling up for service

Postponement of Calling up for service


Lawrence Smith's first official contact with the RAF Volunteer Reserve was a meeting on 12 February 1941, at which his call up was postponed. He would eventually be called up on 14 July 1941.


Each district court summons eligible citizens within the local area. You must contact your local district court website to fill out a Juror Qualifications Questionnaire online or contact your local district court for questions about jury service.

  • COVID-19 Pandemic Update: If you were called for jury service during the COVID-19 pandemic, please visit the website of the federal district court where you were summoned for information about reporting and steps they are taking to protect jurors.

Jury Summons

Why did I receive a summons and what do I do now?

State law mandates the process for selecting prospective jurors. Each county receives a list of potential jurors from the Secretary of State that consists of those individuals in the county that are registered to vote, hold a Texas driver's license, or hold a Texas identification card. Citizens on the list are randomly selected and mailed a summons to report for jury service.

While some counties choose to mail a questionnaire to prospective jurors to determine their eligibility prior to mailing the official jury summons, other counties mail the questionnaire and the jury summons together.

You will be asked to return the completed questionnaire to the court by mail, or to bring the completed questionnaire with you when you report for jury service. If your county participates in I-Jury Online Impaneling and you have access to the internet, you may respond to your summons online and submit any scheduling conflicts without making a trip to the courthouse. Simply follow the I-Jury information enclosed with the juror summons you received.


Request Postponement / Excuse from Jury Service

An amendment to the Code of Civil Procedure section 203 - external link , which defines who is ineligible for jury duty will take effect January 1, 2020. The new law makes persons previously convicted of a felony now eligible and qualified, unless they are incarcerated in any prison or jail, or persons who have been convicted of a felony and are currently on parole, post release community supervision, felony probation, or mandated supervision for the conviction of a felony, and persons who are currently required to register as a sex offender based on a felony conviction (Penal Code 290) - external link .

Request for Postponement

Our courts deal with issues that affect our neighborhoods, our families, the business community and quality of life in our community. Participation in the process is critical to resolving these issues. That may mean rearranging schedules, canceling appointments and missing work. Jury staff will be as flexible as possible when scheduling jurors for jury service.

If your summoned date is not convenient, you may request a postponement for a period of up to 90 days. Students and Teachers may be rescheduled to the next school break. Breastfeeding mothers may be postponed for a period of up to one year. Our website will not accept postponements for longer than 90 days, therefore students, teachers and breastfeeding mothers will need to make their request via:

Jury Commissioner
Sacramento Superior Court
720 9th Street
Sacramento, CA 95814

To request a postponement, click on the button below. Requests should be received by the jury office at least five working days prior to your service.

Request to be Disqualified

Qualifications for jury service are established by California Code of Civil Procedure, Section 203 - external link , and are as follows:

You Must

  • be a citizen of the United States
  • be at least 18 years of age
  • be a resident of Sacramento County
  • have sufficient understanding of the English language

You Must Not

  • have been convicted of a felony and be currently on parole, postrelease community supervision, felony probation, or mandatory supervision for the conviction (Effective 01/01/20)
  • be currently registered as a sex offender pursuant to Section 290 of the Penal Code - external link based on a felony conviction (Effective 01/01/20)
  • be currently incarcerated in any prison or jail (Effective 01/01/20)
  • have been convicted of a malfeasance in office and not had your civil rights restored
  • be currently serving as a Grand Juror
  • be under court appointed conservatorship
  • be a Peace Officer pursuant to 830.1 or 830.2(a) of the Penal Code - external link

If you find that you are not qualified to serve, submit a request to be disqualified by clicking on the hyperlink below. If the prospective juror is deceased, click on the button below. Requests should be received by the jury office at least five working days prior to your service.

Request for Excuse

California Rules of Court, rule 2.1008 - external link , specifies the grounds on which the Jury Commissioner's Office is allowed to excuse prospective jurors from jury service. It states, "Jury service, unless excused by law, is a responsibility of citizenship. The court and its staff shall employ all necessary and appropriate means to ensure that citizens fulfill this important civic duty." Postponing jury service is preferred to excusing a prospective juror. Inconvenience to a prospective juror or employer is not an adequate reason to be excused from jury duty. Requests must be submitted online and supported with facts and/or appropriate documentation as outlined below.

In order to be excused, jury service must represent an undue hardship as outlined in California Rules of Court, rule 2.1008, below:

If the excuse reason requires additional information, your jury service will be postponed for an additional 30 days in order to give you sufficient time to obtain the required documentation. A postcard will be sent to you with the due date for the required documentation.

To request an excuse, click on the button below. Requests should be received by the jury office at least five working days prior to your service.

You will NOT be notified if your request is granted. You will receive a postcard if your request is denied.


How Long Does It Take to Complete Jury Duty?

Jury duty may be a short commitment, or it may be a long one. The average juror will serve three to four days on trial, and many jurors will be in and out after only a one- or two-day commitment.

If you are unlucky enough to find yourself on a long, drawn-out case (like a serious crime or a major civil dispute), you may end up working on that case for months, but that is very rare. Jury service is very unpredictable, and that is why so many people are eager to get out of it.


Trial by jury dates back to 1215 when King John I of England signed the Magna Carta, a charter that limited the power of the king and granted more rights to English citizens. The document expanded the authority of fact-finders in civil and criminal disputes to include citizens and judges, a right that became the cornerstone of the American justice system.

Citizens randomly selected for jury duty become the fact-finders in cases presented to them. By giving equal weight to diverse voices, a jury represents the common sense of ordinary people. Each year, thousands of Pennsylvanians serve as jurors in communities throughout the state. If you received a summons for jury duty from your county court, contact your local district court administrator for information on:

  • Where to report for service
  • Parking and directions
  • Length of service required
  • Employer considerations
  • Requests for postponement or excuse from service

Property Tax Postponement Fact Sheet

The State Controller’s Office (SCO) administers the Property Tax Postponement (PTP) Program, which allows eligible homeowners to postpone payment of current year property taxes on their primary residence. A postponement of property taxes is a deferment of current year property taxes that must eventually be repaid. Repayment is secured by a lien against the real property or a security agreement with the Department of Housing and Community Development for manufactured homes. Funding is limited and distributed on a first come, first served basis. Due to funding limitations, all who qualify may not be approved.

Eligibility requirements

To qualify, a homeowner must apply and meet all of the following criteria for every year in which a postponement of property taxes is desired:

  • Be at least 62 years of age, or blind, or disabled
  • Own and occupy the property as his or her principal place of residence (floating homes, and house boats are not eligible)
  • Have a total household income of $45,810 or less
  • Have at least 40 percent equity in the property and
  • Not have a reverse mortgage on the property.

Requirements are subject to change without notice if the law is revised. Please contact SCO to verify the current program requirements.

Delinquent and/or defaulted taxes

State law does not allow SCO to pay for delinquent and/or defaulted property taxes that are owed on the property that is being considered for postponement. These taxes are your responsibility to pay. However, you may still qualify for postponement of current-year taxes. The amount of defaulted property taxes will be added to the amounts owed against the property to determine equity.

Manufactured home owners with delinquent and/or defaulted property taxes do not qualify for postponement.

Interest rate on postponed property taxes

The interest rate for all taxes postponed under the PTP program is 5 percent per year. Interest on postponed property taxes is computed monthly on a simple interest basis. Interest on the postponement account continues to accrue until all postponed property taxes plus interest are repaid to the state.

Example: on a PTP postponement of $1,000 in taxes, the interest would be $50 per year, or $4.17 each month.

Notice of lien or security agreement for postponed property taxes

To secure repayment of the postponed property taxes, SCO places a lien against the real property with the county or a security agreement with the Department of Housing and Community Development. A lien or security agreement will remain in effect until the account is paid in full.

A one-time recording fee will be added to your account to release the lien once the account is paid in full.

Property taxes paid by a lender/mortgage company

SCO is not responsible for contacting your lender if your property taxes are currently paid through an impound, escrow, or other type of account. If you are approved for PTP, SCO will make a payment on your behalf directly to the county tax collector.

PTP does not reduce your monthly mortgage payment. Property owners are responsible for contacting their lenders and paying all amounts due.

Refund of Paid Property Taxes

If your application is approved and you have already paid your property taxes for the current-year, or if the property taxes are paid by a lender, you will receive a refund from the county tax collector.

Collection and repayment process

The homeowner may pay all or part of the balance to SCO at any time. However, postponed property taxes and interest become immediately due and payable when the homeowner does any of the following:

  • Moves from the property
  • Sells or conveys title to the property
  • Dies and does not have a spouse, registered domestic partner, or other qualified individual who continues to reside in the property
  • Allows future property taxes or other senior liens to become delinquent or
  • Refinances or obtains a reverse mortgage for the property.

Requirements are subject to change without notice if the law is revised. Please contact SCO to verify the current program requirements.

You may make full or partial payments on your account at any time. All payments received are applied first toward accumulated interest and then toward the outstanding principal balance (postponed tax amount). Make your check or money order payable to the California State Controller’s Office and mail it to:

California State Controller’s Office
Departmental Accounting Office – PTP
P.O. Box 942850
Sacramento, CA 94250-0001

To ensure proper credit, please include your SCO account number or property address on the check or money order, and on any accompanying documents.

Account statement

SCO provides you with an account statement each year. However, you may obtain an account statement at any time by contacting SCO.


Contents

Although in popular belief the telephone excise tax has been in place continuously since the Spanish–American War, it has actually been repealed and reinstated several times, usually in times of war or economic crisis. Because of this connection to war, the tax has been a frequent target of war tax resisters. [1]

Spanish–American War Edit

In late April 1898, Congress passed a resolution declaring that a state of war had existed since April 21, 1898, between the United States and Spain. Although the Spanish–American War was short, its financing needs resulted in a federal budget deficit. In the landmark case of Pollock v. Farmers' Loan and Trust Co. the Supreme Court had nullified the income tax of 1894. Many in Congress felt that tariff increases could create too much disturbance with industry. As a result, the leaders in Congress felt that the revenues required for military expenditures either should come from increases in existing domestic taxes or supplements of new taxes of the same type. Thus, in the War Revenue Act of 1898, an excise tax on telephone service was introduced for the first time in 1898. [2] The tax was repealed in 1902, at the end of the Spanish–American related Philippine–American War. [3]

Prelude to World War I Edit

In August 1914, war broke out in Europe resulting in a precipitous fall in imports to the United States from Europe. One result from the fall in imports was that business profits were reduced, and revenues from the corporation income tax declined. This fall in imports also reduced the federal government's customs receipts. On September 4, 1914, President Wilson called upon Congress to raise an additional $100 million through "internal" taxes (in contrast to customs duties). These revenues were needed not only because of the loss of revenues but also because of added federal spending related to the war being fought in Europe. [4] In response, Congress passed the Emergency Internal Revenue Tax Act of 1914. [5] The Act was mostly a renewal of the excises contained in the Spanish–American War Revenue Act. It included a tax of 1 cent for telephone calls costing more than 15 cents. The taxes instituted under this Act were initially set to expire on December 31, 1915. However, on December 17, 1915, Congress passed a joint resolution that continued the taxes instituted in 1914 through December 31, 1916. [6] After that time, while revenue needs continued (for "preparedness"), the Revenue Act of September 1916 [7] did not extend the tax on telephone service.

World War I Edit

With the entrance of the United States into World War I, revenue needs were greatly increased. Both parties worked together to produce a tax bill. Included in the War Revenue Act of October 3, 1917, was a tax of "5 cents upon each telegraph, telephone, or radio, dispatch, message, or conversation, which originates within the United States, and for the transmission of which a charge of 15 cents or more is imposed." [8] Work on the Revenue Act of 1918 [9] had nearly been completed when the Armistice was signed on November 11, 1918. Although World War I had ended, Congress recognized budget expenditures could be expected to decline in the long term but that reductions in expenditures would not occur in the short term. Pay for U.S. military forces could be expected to continue for some time and there was a need to provide capital for reconstruction to U.S. allies in Europe. Thus, this tax measure was redrafted. The redrafted Act not only continued the telephone excise tax but also did so at increased rates that were graduated for the first time. While this Act is referred to as the Revenue Act of 1918, it was not passed until early in 1919. The tax continued until it was repealed in 1924.

Great Depression Edit

Today's telephone excise tax derives from the Revenue Bill of 1932. Since then, it has been reauthorized 29 times. The 1932 Act was passed in response to a federal budget deficit brought about because of a decline in income tax receipts caused by an economic depression rather than as a result of war. Initially the tax was levied only on interstate (long-distance) service. The telephone excise tax was extended five times (between 1933 and 1941) before the tax was first applied to local telephone service.

World War II Edit

Just prior to the entrance of the United States into World War II, the Revenue Act of 1941 was passed into law. [10] In addition to increasing the rate on long-distance calls, it also imposed the tax on "general" or local telephone service for the first time. The rate of tax for local telephone service was set at 6 percent of the amount paid by subscribers while that for long-distance calls was set at 5 cents for each 50 cents or fraction thereof, if the cost of the message was greater than 24 cents. Other legislation was subsequently enacted during World War II — the Revenue Act of 1942 [11] and the Revenue Act of 1943. [12] The tax rates on telephone service reached their all-time high under provisions of the Revenue Act of 1943. [13] Rates were 15 percent on local telephone calls and 25 percent (on messages which cost more than 24 cents) on long-distance calls. The Revenue Act of 1943 also provided for the increased excise tax rates to expire. In the case of the excise taxes on telephone service, the law provided that the increased rates would end six months after the "date of termination of hostilities in the present war." The law defined the termination date as that date proclaimed by either the President or the date specified in a concurrent resolution of the two Houses of Congress, whichever is the earlier. In a reversal of this position, the Excise Tax Act of 1947 [14] continued the rates indefinitely.

Codification in the Internal Revenue Code Edit

With the enactment of the Internal Revenue Code of 1954, [15] the levies imposed on both local and long-distance calls (for messages costing more than 24 cents) were reduced from 15 percent to 10 percent. The Excise Tax Technical Changes Act of 1958 [16] made no changes in the tax rate on telephone calls, but did remove the 24 cents limitation first provided for in 1942. Both local and long-distance calling were subject to the same tax rate for the first time.

The Tax Rate Extension Act of 1959 [17] provided for the termination of the tax on local telephone service on July 1, 1960. However, a series of one-year extensions [18] was subsequently enacted [19] each year until 1965, when the Excise Tax Reduction Act [20] became law. In 1965, Congress enacted comprehensive legislation which repealed many existing federal excise taxes and authorized the reduction and, in some instances, the gradual reduction and ultimate repeal of other excises over a period of years. This Act authorized the reduction of the 10 percent tax on local and long-distance telephone service to 3 percent which became effective on January 1, 1966. In addition to the reduced rate, the Act provided for the gradual reduction and elimination of the tax on January 1, 1969.

Vietnam War Edit

By 1966, however, the federal government's revenue requirements had increased due to escalation of the Vietnam War. President Johnson requested that Congress enact legislation to restore the rate of the telephone excise tax to the 10 percent rate in effect prior to January 1, 1966, and that successive reductions which had been authorized by the Excise Tax Reduction Act of 1965 be deferred. Accordingly, Congress enacted the Tax Adjustment Act of 1966. [21] That Act authorized the restoration of the former 10 percent rate on these services beginning on April 1, 1966, for a two-year period (until April 1, 1968), at which time it was to be reduced to 1 percent, before repeal on January 1, 1969.

Again in 1967, President Johnson urged postponement of scheduled reductions in telephone excise taxes as part of his tax program designed to meet the rising cost of the war and increasing domestic needs. A joint Congressional resolution was approved which temporarily extended the 10 percent rate from March 31, 1968, until April 30, 1968. This temporary extension provided Congress time to complete action on the Revenue and Expenditure Control Act of 1968. [22] The 1968 Act continued the 10 percent tax retroactively from April 30, 1968, until December 31, 1969, with provision for its subsequent reduction and repeal by calendar year 1973.

Passage of the Tax Reform Act of 1969 [23] again granted a one-year extension (this time until December 31, 1970) of the telephone tax at the rate of 10 percent. With passage of the Excise, Estate and Gift Tax Adjustment Act of 1970 [24] the 10 percent rate was extended through calendar years 1971 and 1972. The tax was then to be reduced by 1 percent each year until the tax was scheduled for repeal on January 1, 1982. However, prior to repeal, the tax was extended in 1980 at a 2 percent rate until 1982 when it was scheduled to be reduced to 1 percent before repeal in 1983. [25] In 1981 the tax was extended again. This time the tax was extended at the 1 percent rate for two additional years with repeal scheduled for 1985. [26] However, in the following year, 1982, the tax was increased to a 3 percent rate, with repeal rescheduled for the beginning of calendar year 1986. [27]

In April 1984 both the House of Representatives and the Senate passed legislation calling for a continuation of the current excise tax on telephone service at a 3 percent rate for an additional two years. The legislation enacted provided for repeal in 1988. [28] However, before repeal the tax was again extended at the 3 percent rate this time for an additional three years. [29]

President George H. W. Bush's budget proposal for fiscal year 1991 called for the permanent extension of the telephone excise tax at the prevailing rate of 3%. Since the tax had been a continuous revenue source since 1932 and because of large continuing budget deficits, Congress concurred with the President's recommendation and made the tax a permanent part of the tax revenue structure with the enactment of the Revenue Reconciliation Act of 1990. [30]

On September 14, 2000, the House of Representatives took up legislation which included the repeal of the telephone excise tax. Under provisions contained in H.R. 4516, which was a package of both spending and tax bills, the 3% tax on communication services would be immediately repealed. After passage by the Congress, President Clinton vetoed this legislation.

The general excise tax has so far cost consumers about $300 billion, says the Congressional Research Service.

Until the middle of 2006, the tax was collected by telephone companies with respect to local and long-distance telephone services. Collection of the tax on most long-distance service was then halted due to a controversy that erupted over the wording of the law and the way telephone service is billed today.

On May 10, 2005, The American Bankers Insurance Group won an important victory in the fight against the telephone excise tax, when the United States Court of Appeals for the Eleventh Circuit reversed the decision of the United States District Court for the Southern District of Florida, which had held that the services that ABIG purchased from AT&T were taxable. [31]

This was one of several U.S. Court of Appeals cases that the Internal Revenue Service lost on the same issue. The IRS withdrew only after losing several of such cases and winning none (at the Appeals level or higher).

A key issue in the controversy was the legal definition of "toll telephone service" as defined in section 4252(b) of the Internal Revenue Code, which provides (in part):

b) Toll telephone service

For purposes of this subchapter, the term "toll telephone service" means—

(1) a telephonic quality communication for which (A) there is a toll charge which varies in amount with the distance and elapsed transmission time of each individual communication [ . . . . ] [32]

Concession by the Internal Revenue Service Edit

On 25 May 2006, the Internal Revenue Service (IRS) issued IRS Notice 2006-50, 2006 I.R.B. 25, which stated in part:

[. ] the Internal Revenue Service will follow the holdings of Am. Bankers Ins. Group v. United States, 408 F.3d 1328 (11th Cir. 2005) (ABIG) OfficeMax, Inc. v. United States, 428 F.3d 583 (6th Cir. 2005) Nat'l R.R. Passenger Corp. v. United States, 431 F.3d 374 (D.C. Cir. 2005) (Amtrak) Fortis v. United States, 2006 U.S. App. LEXIS 10749 (2d Cir. Apr. 27, 2006) and Reese Bros. v. United States, 2006 U.S. App. LEXIS 11468 (3d Cir. May 9, 2006). These cases hold that a telephonic communication for which there is a toll charge that varies with elapsed transmission time and not distance (time-only service) is not taxable toll telephone service as defined in §4252(b)(1) of the Internal Revenue Code. As a result, amounts paid for time-only service are not subject to the tax imposed by §4251. Accordingly, the government will no longer litigate this issue [. ] [emphasis added]

The IRS also provided the following definitions in Notice 2006-50:

IRS Notice 2006-50 also states (in part):

Collectors [e.g., telephone companies] are directed to cease collecting and paying over tax under §4251 on nontaxable service that is billed after July 31, 2006, and are not required to report to the IRS any refusal by their customers to pay any tax on nontaxable service that is billed after May 25, 2006. Collectors should not pay over to the IRS any tax on nontaxable service that is billed after July 31, 2006. [. ] [T]he IRS will deny all taxpayer requests for refund of tax on nontaxable service that was billed after July 31, 2006. All such requests should be directed to the collector [e.g., to the telephone company]. In addition, collectors may repay to taxpayers the tax on nontaxable service that was billed before August 1, 2006, but are not required to repay such tax. [. ] Collectors must continue to collect and pay over tax under §4251 on amounts paid for local only service.

The wording of the statute itself (section 4251) was not changed or repealed. (As a general rule, a U.S. Federal statute can be repealed only by another statute subsequently enacted by the U.S. Congress.) The change was a change in the enforcement policy of the Internal Revenue Service to conform to the literal language of the statute and the court decisions interpreting the statute. Treasury Secretary John W. Snow stated in a prepared release, "Today is a good day for American taxpayers it marks the beginning of the end of an outdated, antiquated tax that has survived a century beyond its original purpose, and by now should have been ancient history." Snow also called on the United States Congress "to terminate the remainder of this antique tax by repealing the excise tax on local service as well." [1]

On January 25, 2011, Rep. Dean Heller (R-Nev.) introduced H.R. 428, a bill "To amend the Internal Revenue Code of 1986 to repeal the excise tax on telephone and other communications services" it was referred to the House Ways and Means Committee, [33] but was not enacted.

Individuals and other entities including non-profit organizations and businesses were able to receive a credit for the unlawfully collected tax when they filed their 2006 federal income tax returns. Certain persons who paid the long-distance tax on service billed after February 28, 2003, but before August 1, 2006, were eligible for the credit. The three-year lookback period coincides with the statute of limitations for tax refunds. [34] The refund was available to all individuals and corporations which paid the tax, including the deceased and defunct organizations, until July 27, 2012. [35]

However, the IRS stated in 2007 that millions of taxpayers failed to take the credit, leaving $4 billion still to be claimed. The credit can be claimed by those who neglected to take it, but only by amending a 2006 tax return. [36]

The IRS offered two methods for computing the amount of the credit due to individuals:

  • Standard amount method. Consumers may elect a pre-determined credit, based on the number of exemptions claimed on their returns. The amounts of the credit are $30 for a person filing a return with one exemption, $40 for two exemptions, $50 for three exemptions, and $60 for four or more exemptions. This amount includes interest and is based on the tax paid by an average American household during the lookback period.
  • Actual amount method. Consumers and other entities may instead elect to itemize the deduction based on the actual amount of tax paid during the lookback period. This would require locating and examining forty-one months of telephone bills to determine the proper credit amount to seek. Filing Form 8913 with the tax return is required in order to claim the actual amount. Interest will then be applied based on the average time elapsed between each quarter where tax was paid and the due date of the 2006 income tax return.

Businesses and tax exempt organizations may either claim the actual amount of excise tax by either calculating the actual amount of tax paid during the lookback period or using an estimate method. The special method involves comparing the April 2006 phone bill with the excise tax on long-distance service and the September 2006 bill without it. The percentage difference in the excise tax, subject to a 1% or 2% maximum cap, can be applied to annual or quarterly telephone bills to determine the credit. In all cases, interest will be paid on refunds. [37]


Postpone

defer, postpone, suspend, stay mean to delay an action or proceeding. defer implies a deliberate putting off to a later time. deferred buying a car until spring postpone implies an intentional deferring usually to a definite time. the game is postponed until Saturday suspend implies temporary stoppage with an added suggestion of waiting until some condition is satisfied. business will be suspended while repairs are underway stay often suggests the stopping or checking by an intervening agency or authority. the governor stayed the execution


Request a Postponement / Appear by Telephone

If you need to request a postponement due to a documented medical emergency or death of a family member or a postponement in a hearing on a petition for protection from abuse/protective order, please read the "Medical Emergency or Protective Order" section.

Self-represented litigants can utilize the Family Law Self-Help Center or Statewide Self Help Center for legal assistance in filing a motion for postponement, a motion to appear by telephone, a motion to shorten time or other family law matters. Self-represented litigants may, but are not required to, use the forms in the "Forms" section at the end of this document.

MEDICAL EMERGENCY or PROTECTIVE ORDER

Family Law Case : If you need to request a postponement or permission to appear by telephone due to a documented medical emergency or death of a family member or a postponement of a hearing on a petition for protection from abuse/protective order hearing, please immediately call the Postponement Coordinator at (410) 222-1153.

Please note that for requests to postpone or appear by telephone due to a medical emergency, the Court will request medical documentation specifying that you are unable to attend Court.

Civil Case (not family law) : If you need to request a postponement or permission to appear by telephone due to a documented medical emergency or death of a family member, please immediately call the Postponement Coordinator at (410) 222-1215 and press 5.

Please note the Court will request medical documentation specifying that you are unable to attend Court.

REQUEST TO POSTPONE A HEARING

I want to postpone a:

    If all counsel and unrepresented parties agree to postpone a scheduling conference, they may do so once by conference call with the Assignment Office, (410) 222-1422. The conference call must occur within fifteen (15) days of entry of the Order for Scheduling Conference and the new date shall be no later than thirty (30) days after the original date. If there is availability with the Assignment Office, the parties can also agree to a date earlier than the scheduled date.

    If all counsel and unrepresented parties agree to postpone a show cause hearing in a family law case (set pursuant to a party's petition for contempt), they may do so once by conference call with the Assignment Office, (410) 222-1422. The conference call must occur at least ten (10) days prior to the original show cause hearing. The new date shall be no later than thirty (30) days after the original date. If there is availability with the Assignment Office, the parties can also agree to a date earlier than the scheduled date.

    For family and civil hearings (other than scheduling conferences/family law show cause hearings that meet the guidelines above), a motion for postponement shall be filed in compliance with the Maryland Rules, in particular Rules 2-311 and 2-508. Additionally, the filer must follow the directions that apply to all family and civil motions to postpone. Please see "ALL MOTIONS TO POSTPONE" below for that information.

ALL MOTIONS TO POSTPONE

When to file:

All motions

    Motions for postponement shall be filed as soon as the need arises. Delays in filing may result in the Court being unable to consider the motion. Please note that even if the other party/counsel agrees to the postponement, a motion received by the Postponement Coordinator less than forty-eight (48) hours prior to a hearing may not be considered by the Court.

How to file:

All motions

    Motions to postpone or appear by telephone should be filed as soon as the attorney/party becomes aware of the need to postpone or appear by telephone.

* Please see below for information on how to "walk through" a motion.

NOTE: Although electronically filed motions to postpone need only be walked through if the hearing is less than ten (10) days away, the filing MUST still comply with the Maryland Rules in regard to the amount of time the opposing party is allowed to respond. Meaning, that the ten (10) day procedure described above will only apply if the motion is joint/consent OR an order shortening time to respond is granted. Motions that are not timely filed to allow all other parties sufficient time to respond, either per Rule or Court order, may not be considered by the Court.

  • In addition to filing the motion with the Court, copies of the motion must be served on all counsel/unrepresented parties.

Walk Through Procedure for Family Law Motions to Postpone/Requests to Appear by Telephone

Self-Represented Party &ndash In order for a self-represented party to walk through a motion, the party must appear at the Civil Clerk&rsquos Office (room 100) at 1:30 p.m. Monday to Friday to file the motion. When the party files the motion, he/she must tell the clerk that the motion needs to be walked through. The party will then proceed to the 2nd floor to meet with Jennifer Cassel regarding the postponement.

*If a self-represented party is a registered MDEC e-filer, the party may follow the instructions for attorneys on how to walk through motions.

Attorney &ndash To walk through a motion, an attorney must first electronically file the motion through the MDEC system. The attorney must then:1) call the Clerk&rsquos Office at (410) 222-1431 or appear in the Clerk&rsquos Office (suite 100) with the envelope number of the electronic filing and 2) meet with Jennifer Cassel Monday to Friday at 1:30 p.m. Her chambers is on the on the 2nd floor.

Walk Through Procedure for Civil (not Family Law) Motions to Postpone/ Requests to Appear by Telephone

Self-Represented Party &ndash In order for a self-represented party to walk through a motion, the party must appear at the Civil Clerk&rsquos Office (room 100) and file the motion. When the party files the motion, he/she must tell the clerk that the motion needs to be walked through the Postponement Coordinator.

*If a self-represented party is a registered MDEC e-filer, the party may follow the instructions for attorneys on how to walk through motions.

Attorney &ndash To walk through a motion, an attorney must first electronically file the motion through the MDEC system. The attorney shall then call the Clerk&rsquos Office at (410) 222-1431 or appear in the Clerk&rsquos Office (suite 100) with the envelope number of the electronic filing. After conferring with the Clerk&rsquos Office, the attorney shall promptly notify the Postponement Coordinator of the filing of the motion and the date of the scheduled hearing.

Joint/Consent Motions

    For hearings where all counsel and unrepresented parties consent to postpone the hearing, the motion should be titled "Consent Motion to Postpone" or similar. If the motion is joint (meaning that all parties are requesting a postponement), the motion should be entitled "Joint Motion to Postpone" and should include the signatures of all counsel and unrepresented parties. Failure to entitle the motion "Consent" or "Joint" may result in a delay in ruling on the motion.

Contested Motions and Motions for which Consent of All Other Counsel/Unrepresented Parties is not Obtained

    If your motion was mailed eighteen (18) or less days (or hand delivered or served through MDEC fifteen (15) or less days) before your hearing, the Court ordinarily cannot consider the motion before the hearing unless there is an Order to Shorten Time to Respond to your motion. Motions to shorten time must comply with the Maryland Rules, in particular Rules 1-204 and 1-351. The motion to shorten time must be "walked through" in order to be considered.

Self-Represented Party &ndash- In order for a self-represented party to walk through a motion to shorten time, the party must appear at the Civil Clerk's Office (room 100) and file the motion. When the party files the motion, he/she must tell the clerk that the motion is a motion to shorten time that needs to be walked through for ruling to the designated judge.

The party filing the motion to shorten time SHOULD NOT leave the courthouse after filing the motion. The Civil Clerk's Office will forward the motion to the judge for consideration. The party may be asked to wait in the main hallway until further instruction (e.g., the judge may wish to speak to the party and opposing counsel/unrepresented party, the party may receive a copy of the Order ruling on the motion to shorten time, etc.). If the motion is granted, the Court may Order the party to ensure appropriate service of the Order and any other documents as directed by the judge.

Self-represented litigants may, but are not required to, use the motion to shorten time in the "FORMS" section below.

* If a self-represented party is a registered MDEC e-filer, instead of filing the motion to shorten time in the Clerk&rsquos Office, the party will e-file the motion and then appear in the Clerk&rsquos Office with the envelope number. All other instructions indicated above are the same.

Attorney &ndash To walk through a motion, an attorney must first electronically file the motion through the MDEC system. The attorney must then appear in the Civil Clerk's Office (room 100) with the envelope number of the electronic filing. After appearing in the Clerk's Office, the attorney shall appear in the chambers of the designated judge. For motions to shorten time related to family law postponements or family law requests to appear by telephone, the attorney shall appear in the chambers of the Family DCM Judge. For motions to shorten time related to all other filings, the attorney shall appear before the chambers' judge.

If the motion is granted, the attorney shall ensure appropriate service of the Order and any other documents as directed by the judge and ensure that the Postponement Coordinator is promptly notified of the filing of the motion to postpone and the specifics of the order shortening time to respond.


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