Originally posted by Cynicalism
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Its always a dangerous thing to do, asking the Court to vacate a trial because you never have any guarantee that the request especially if made verbally, will be directed to a judge or that it will be approved.
That is because the Court staff have discretion on what gets referred up to the judge, and most courts rules are that only applications with the correct fee get processed.
The problem is you wont know if it has gone up to the judge or not potentially until it is too late.
One option is to make an application to vacate on an N244, the other option is to speak tot he other side about vacating the trial by consent, if the parties agree a consent order, then the Court may and i stress MAY agree to vacate the trial. The Courts are sympathetic to covid issues.
One think you must do without fail, is make sure you comply with all court orders in the interim, any orders to file statements must be complied with unless the court orders otherwise
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