Amador Superior Court Adjournment & Extension Requirements

CRITICAL

For a motion for continuance to be made in court on a short cause matter, the court must be notified by phone or written notice filed with the court two days before the hearing.

Continuances for the short cause matters are governed by local rule 4.06. If a motion for continuance is to be made in court, the court shall be notified by phone or written notice filed with the court two (2) days prior to the hearing.

CRITICAL

Failure to provide the required confirming notice will cause the matter to be dropped from the calendar.

Failure to provide confirming notice, as directed herein, will result in the matter being dropped from the calendar.

CRITICAL

A continuance requires court approval for good cause, and Penal Code section 1050 must be strictly followed unless the court excuses compliance under subdivisions (c) or (d).

No matters will be continued unless approved by the court for good cause. Strict compliance with Penal Code section 1050 is required, unless excused by the court pursuant to subdivisions (c) and/or (d) of section 1050.

CRITICAL

For a continuance of a court-ordered hearing, the order may be obtained ex parte or by a written stipulation of all parties submitted to the court five court days before the hearing.

The order may be obtained ex parte or by written stipulation of all parties submitted to the court five (5) court days before the date set for hearing.

CRITICAL

A party intending to appear in court to request a continuance of a motion must notify the court at least seven court days before the hearing.

If any party intends to appear in court to request continuance of a motion, such party shall notify the court at least seven (7) court days before the time set for hearing.

CRITICAL

A defendant may request a continuance before the promised appearance date without depositing bail, and a traffic officer may request one based on unavailability; all continuance requests must be submitted at least ten court days before the hearing.

Prior to the date upon which the defendant promised to appear and without depositing bail, the defendant may request a continuance of the written promise to appear. Similarly, a traffic officer may request a continuance of the matter based upon his or her unavailability. All requests for continuances must be submitted at least ten (10) court days prior to the date of the hearing.

CRITICAL

A court-ordered hearing may be continued only by court order.

Any court ordered hearing, such as a hearing on an order to show cause, an application for a temporary restraining order or injunctive relief, may be continued only on order of the court.

CRITICAL

Motions for continuances or to drop the matter must be heard by the assigned judge.

All motions for continuances or to drop the matter shall be heard by the assigned judge.

CRITICAL

Requests for continuances, extensions of time, and other motions submitted on the pleadings must be accompanied by a separate order and served on all parties.

All requests for continuances, extensions of time, and other motions submitted on the pleadings, including in habeas corpus matters, shall be accompanied by a separate order and served on all parties according to the applicable rules and statutes.

CRITICAL

A party or counsel requesting a continuance must send confirming notice to the court at least two days before the original hearing time and provide a copy to opposing counsel or self-represented parties.

The party or counsel requesting the continuance must send a confirming notice to the court at least two (2) days before the time originally set for hearing with a copy to opposing counsel or parties appearing in pro per.

CRITICAL

When a motion to continue one of the specified conferences or a trial is granted, the matter must be reset to a specific date at that time.

If a motion to continue a status conference date, a trial setting conference date, a settlement conference date, or a trial date is granted by the judge or his/her designee, the matter shall be reset on a specific date at the time the motion is granted.

CRITICAL

A contested continuance, or one involving a matter the clerk has already reset more than twice, must be requested by noticed motion or ex parte application under the applicable rules.

If the requested continuance is contested, or if the matter has been previously reset by the clerk more than twice, the request shall be made by noticed motion or ex parte application pursuant to the rules set forth herein.

CRITICAL

A matter may not be reset more than twice.

In no event shall the matter be reset more than twice.

CRITICAL

A motion for relief from a Trial Court Delay Reduction Program rule must show good cause to be made and granted.

Motions for relief from any of the rules relating to the program shall be made and may be granted only upon showing of good cause.

CRITICAL

Motions seeking relief from Trial Court Delay Reduction Program rules must be brought before the judge.

Motions for relief from any of the provisions of these rules relating to the Trial Court Delay Reduction Program shall be brought before the judge.

CRITICAL

A continuance of a summary-judgment or summary-adjudication motion requires court approval; the order may be obtained ex parte, and the request must be made at least seven court days before the hearing.

The court must approve any continuance of a motion for summary judgment or a motion for summary adjudication. The order may be obtained by ex parte application. Any request for continuance of such a motion must be made at least seven (7) court days before the scheduled hearing.

WARNING

Motions for continuances and requests to drop the matter must be heard by the assigned judge.

All motions for continuances or requests to drop the matter shall be heard by the assigned judge.

WARNING

The continuance provisions in this section apply only to law-and-motion matters, not trial continuances or matters set under the Trial Delay Reduction Rules.

These provisions apply only to the continuances of law and motion matters and do not apply to the continuances of trial or any matters set pursuant to the Trial Delay Reduction Rules.

WARNING

If one party fails to file the required statement, the complying party may continue or drop the trial date, and sanctions may result.

Failure by one party to file a Statement pursuant to this rule will allow the complying party to continue or drop the trial date and may result in the imposition of sanctions.

WARNING

For a continuance involving a motion that has not yet been served, the matter may be re-calendared by contacting the calendar clerk for a new date and re-noticing the motion.

If the continuance involves a motion, which has not yet been served, the matter may be re-calendared by contacting the calendar clerk for a new date and re-noticing the motion.

WARNING

After an Order to Show Cause and appointment of counsel, the court may immediately grant an extension request served on opposing counsel if the moving party represents that opposing counsel was contacted and does not oppose it.

After an Order to Show Cause has issued and counsel has been appointed for petitioner, the Court may immediately grant those requests for extensions of time that have been served on opposing counsel, and in which the moving party has represented that s/he has contacted opposing counsel about the request and that opposing counsel does not oppose the extension of time sought.

WARNING

A party's residence outside the county, by itself, does not establish good cause for relief from the program's time limits.

The mere fact that a party resides out of county will not, standing alone, constitute good cause.

WARNING

For an uncontested continuance that has been served, the moving party may request that the matter be re-calendared.

If the requested continuance is uncontested and has been served, the matter may be re-calendared upon request of the moving party.