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The Blood Oath Against "Unavailability"

By Brian Tannebaum, Esq.

With what I've been hearing lately, eventually when I go on the website to file a "Notice of Unavailability" in federal court, the option won't exist.Notices of Unavailability are mainly used by civil lawyers, who agree on the setting of their cases. In criminal court, I'll occasionally receive one from a prosecutor who is taking "annual leave" during the pendancy of our case, or is otherwise "unavailable."I file them sparingly. If I know I have a vacation or another case set for trial, I'd rather the judge know when they are scheduling trials and hearings, than hope that nothing is set at a conflicting time.I am learning recently that while some judges have no problem with the Notice of Unavailability, this document is interpreted by other judges as secretly saying "judge, I don't give a crap about your courtroom, your calendar, or your role in this case...continue to full post

Full post as published by Criminal Defense on December 03, 2008 (boomark / email).