In traffic court, failure to appear could result in you receiving a fine, having your license being revoked, or possibly being arrested.

As soon as you realize that you can’t make a court date, you should immediately call the court clerk to talk about your situation. Some courts have strict deadlines for granting continuances. For example, in California divorce cases, you need to request the continuance no later than five business days before the scheduled court date. In DuPage County traffic court, you must request the continuance at least four business days before the court date. [2] X Research source

You can find a lawyer by calling your state’s bar association, which should run a referral program. You can find the phone number to your bar association by typing “your state” and “bar association” into a search engine. An attorney will charge to make an appearance. It could cost you a couple hundred dollars for even a brief appearance. However, if you miss the court appointment and the judge issues a bench warrant for your arrest or imposes some other sanction, then you might end up spending even more than that in legal fees to clean up the mess. An attorney can be a good investment.

You should try to type the letter, as it looks more professional than a handwritten letter.

Instead of addressing the letter to the judge, you may have been instructed to send the letter to a clerk or another member of the court’s staff. You can address the letter to that person by using, “Dear Mr. [Name]” or “Dear Ms. [Name]. ” If you weren’t given a staff member’s name, then simply address the letter to “Dear Clerk of Court. ”

“I am writing to request a continuance for my hearing scheduled on October 12, 2015. Unfortunately, an unforeseen medical emergency has confined me to the hospital for the next several weeks. The diagnosis of extreme pneumonia surprised me, and I would not have missed my court date but for the illness. ”

Sample language could be: “I was admitted to the hospital on September 22, 2015, as is shown by the copy of my hospital records attached. ”

Sample language might be: “Thank you for your understanding. I appreciate how much of an inconvenience this is. If you have any questions, you can reach me at [insert phone number] or at the address printed above. ”

Maricopa County, Arizona, for example, has a blank motion form available for download at http://www. superiorcourt. maricopa. gov/sscdocs/pdf/gn10f. pdf. You should only use blank motion forms if they have been created by your court. Otherwise, you must create your own motion.

Sample language could read, “NOW COMES Plaintiff Joanna Keys, representing herself “pro se,” and asks this Court for a continuance of the hearing scheduled for November 10, 2015 at 1:30 PM. In support of the motion, Plaintiff states:”

List all relevant facts in numbered form. For example, the facts can be laid out like this: “1. The status hearing is scheduled for November 10, 2015 at 1:30 PM. ” “2. Plaintiff Joanna Keys was recently admitted into the hospital on November 1, 2015. ” “3. According to her medical diagnosis (see attached Exhibit A), she has…. ”

Have the motion notarized, if necessary. Depending on your court, you may need to sign the motion in front of a notary. If you needed to notarize the other motions in your case, then you should have this one notarized as well. Notaries may be found in most courthouses and large banks. To find a notary, you can visit the American Society of Notaries website and use their search engine.

You should ask the court clerk if service is necessary. Also ask about acceptable methods of service. If you need to make service, then attached a “Certificate of Service” to the motion. The certificate can be on a separate piece of paper. You can create it before going to the court to file. If you find out that you don’t need to make service, then you can remove that sheet from your packet. For the certificate of service, you can type something like the following: “I hereby certify that a true and correct copy of the above and foregoing was served on all parties or their counsel of record on [add the date] in accordance with the [state] Rules of Civil Procedure. ” Then type and sign your name above it.

In California, a personal appearance is required for the following: Trials, hearings, and proceedings at which witnesses are expected to testify; Hearings on temporary restraining orders; Settlement conferences; Trial management conferences; Hearings on motions in limine; and Hearings on petitions to confirm the sale of property under the Probate Code. [10] X Research source

In California, the court form can be found online. The form will ask you for your personal information and information about the case you are a part of.

Most importantly, you will be asked to explain why you are requesting a telephone appearance. [11] X Research source Valid reasons include: Not residing in California; Being disabled; Being the victim of domestic violence; or Being incarcerated. [12] X Research source

In addition, once you file your request, you will be required to pay a filing fee. In California, the fee is $86. 00 for each telephone appearance. If you cannot afford the fee, you may be able to request a fee waiver. In general, you will have to be able to convince the court of your inability to pay the required fee. To do this, submit pay stubs, bank statements, and statements of public benefits.