How to make formal application to court

[Lasvegas]

A county court have written to me to say I have to attend court as a hearing is listed on a certain date.

I am unable to attend on that date and the administrative lady at the court has written to say that I need to make a formal application to the Court.

Is this formal application simply a letter? I cannot find a form on HMCS web site.

You need to use a general form of application. I can't tell you which one, it depends whether it's a family matter or something like a small claims case.

If you can't find anything on the website, your appln should look like this:

IN THE XX COUNTY COURT

CASE NO. XXX

BETWEEN: XXXXXX
AND
XXXXXX

     APPLICATION TO ADJOURN

I, XX hereby apply to the court to adjourn the hearing listed on XXXXX for the following reason>>>>>>

Make sure you send a copy to the court and one to the other side, together with teh application fee. The fee depends again on what type of case it is.

Another option would be to get the other side to agree to an adjournment. If they will, then you write a joint letter, ie signed by both of you asking for an adjournment.

Definitely go for the second option first.

marlowwills many thanks, it is a family matter, does that make a difference?

Hi, in that case, just do the general form of application that I posted earlier.

I'm at home at the moment so don't have the new fees schedule to hand but if you call the county court they'll tell you what it is.

It would be much better, though, to first of all try the other side and see if they'll agree, because if they will, there's no need for a formal appln, just a joint letter.

You'd need to give a reason for the adjournment though, as they are not handed out just because both parties ask for it.

Yes, Resolution's right, you do need to give a reason but tbh so long as both parties agree and you're not adjourning a two day hearing at a couple of days' notice, there shouldn't be a prob.

The sooner you deal with it the better, otherwise the other side may say they won't agree.

Thank you both another question if I may, am I able to make a written represenation to a family court in a contact matter insted of attending in person. I cannot afford legal representation or advice and feel I would be far better to make a case in writting using appendices from reports by social services.

I would strongly recommend that you attend in person. At the final hearing, you will be expected to give evidence and to be cross examined. If you don't turn up but make written submissions there is a strong chance that those submissions will have much less weight than a personal appearance.

Don't worry that you're not represented. Lots of people represent themselves in family proceedings, and if anything they're put at an advantage, in that the district judge will let them get away with all sorts of procedural irregularities which we as lawyers wouldn't!

The hearing will be in private and will usually be quite informal, just sitting around a table although sometimes final hearings are more formal but still private.

marlowwills thank you. I think I will do a written submission for the initial directions hearing and save my annual leave for the final hearing.

I think you've misinterpreted what Marlowwills posted. You need to attend all Children Act hearings unless specifically excused. If you don't, you risk the case not being dealt with and an order for costs made against you.

Resolution put it so much more succinctly!