Monique Y. asked
A plaintiff filed a small claims cause against me in Texas in August 2019 before the pandemic began. The state has a statute that says small claims trials must be speedy. I recently received notice from the court that the trial date is scheduled for August of this year. When I contacted the clerk's office, I was told that they had not scheduled hearings due to the pandemic. I believe I was improperly served to begin with, but it's been so long that my witness no longer remembers the circumstances. In addition, I no longer have some of my evidence that I was going to use for my defense. Is there a constitutional issue here? To what extent can the court use the pandemic as an excuse for excessive delay, especially when the trial is going to be held by zoom meeting anyhow with no jury?
October 1st, 2024
Andrew D. answered
The pandemic caused all cases, including yours, to be delayed due to court closures for public safet...
October 1st, 2024
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