Butte Superior Court Adjournment & Extension Requirements

CRITICAL

After close of business three Court days before the hearing, a matter may be continued only by written Court order and for good cause.

After the close of business the third Court day before the hearing date, no matter will be continued (whether by stipulation or otherwise) without written Order of the Court, and for good cause shown.

CRITICAL

Requests to continue the initial settlement conference must be addressed to the Court.

Requests for continuance of the date of the initial settlement conference shall be addressed to the Court.

CRITICAL

A set date may be changed only upon a showing of good cause.

That once any date has been set, it cannot be changed without a showing of good cause;

CRITICAL

An arbitration hearing may not be continued beyond the court-ordered completion date without a court order.

In no event shall the hearing be continued beyond the date ordered by the Court for completion of the arbitration except by order of the Court.

CRITICAL

The Preliminary Trial Papers deadline may be extended to 60 days by serving and filing a statement explaining the need, within 10 days after service of the At-Issue Memorandum.

This period may be extended to sixty (60) days by filing and serving a statement that the additional time is needed to prepare the Preliminary Trial Papers. This statement shall specify why the additional time is needed, and shall be served and filed within ten (10) days of the service of the At-Issue Memorandum.

CRITICAL

A case may not be continued from the RFO calendar unless good cause is affirmatively shown, such as unavoidable unavailability of a party, attorney, or essential witness.

Except as set forth below, no case shall be continued from the RFO calendar except upon an affirmative showing of good cause, such as unavoidable unavailability of a party, attorney, or essential witness.

CRITICAL

For a continuance from the RFO calendar for a reason other than settlement, the parties must provide the Court with a written stipulation at least five days before the calendar.

Should parties wish a continuance from the RFO calendar other than to pursue a settlement (See #2 above) they must provide a written stipulation to that effect to the Court at least five (5) days prior to the RFO calendar.

CRITICAL

Continuance requests are disfavored and will not be granted unless good cause is shown and good-faith attempts to contact the opposing party were made before the hearing day.

Requests for continuances are looked on with disfavor unless good cause shown and will not be granted unless good faith attempts to contact the opposing party have been made prior to the day of the hearing.

WARNING

A set date may not be changed without a showing of good cause.

that once any date has been set, it cannot be changed without a showing of good cause.

WARNING

The Court may extend the Rule 12.8 deadline upon a showing of good cause.

Upon a showing of good cause, the Court may extend the deadline to comply with the provisions of Butte County Superior Court Local Rules, Rule 12.8.

WARNING

At both parties’ request, the Court may continue an RFO-calendar case once to a later RFO calendar to pursue potential settlement.

At the request of both parties, the Court may continue a case from the RFO calendar one (1) time to a subsequent RFO calendar for purposes of potential settlement in any of the following ways:

WARNING

One permitted settlement-related continuance option is referral of a matter estimated to take more than one day to a mandatory settlement conference.

a. Referral of a matter with a time estimate in excess of one day for a mandatory settlement conference.

WARNING

A joint request for a settlement-related continuance may be based on the parties’ representation that they will conduct an informal settlement procedure and believe some or all issues are reasonably likely to resolve.

b. A joint request by all parties based upon their representation that they will conduct an informal settlement procedure (such as a meeting of all parties and attorneys) and that they believe there is a reasonable likelihood that some or all of the issues will resolve.

WARNING

A party acting alone must show good cause for a continuance, which the Court may grant or deny in its discretion.

If only one party wishes a matter continued, that party has the burden of showing good cause why the matter should be continued which the Court in its discretion may grant or deny.

WARNING

Continuances are disfavored.

Continuances are looked upon with disfavor.

WARNING

When a person cited for contempt appears without an attorney, the Court normally grants one continuance to allow the person to retain counsel.

If a party cited for contempt appears without an attorney, one continuance normally will be granted to permit the citee to retain counsel.

WARNING

In appropriate cases, the Court may continue sentencing to allow compliance with Court orders.

In appropriate cases, the Court may permit a continuance of sentencing to assure compliance with Court orders.

WARNING

Time waivers and continuances are granted only upon a showing of good cause.

Time waivers will be accepted and continuances granted only on a showing of good cause.

WARNING

If discovery, reports, or proposed modifications have not been made available to all counsel, an affected party or the Court may request a continuance to the extent permitted by law.

E. If any discovery, reports or proposed modifications have not been made available to all counsel, then any affected party or the Court may request a continuance of the hearing to the extent permitted by law.

Not confirmed. Read the court's wording below.CRITICAL?

Requests to continue law and motion matters may be made by filing a Stipulation and Order to Continue by the close of business the third Court day before the hearing date. Such continuances will only be granted where there is an agreement between the parties and authorization by the moving party.

Not confirmed. Read the court's wording below.CRITICAL?

Attendance by all parties and counsel at a settlement conference or informal settlement meeting is mandatory. Failure to attend and be prepared for any settlement conference or meeting may constitute sufficient cause for imposition of sanctions pursuant to California law, including, but not limited to, Code of Civil Procedure §575.2 and California Rules of Court, Rule 2.30.

Summary: All parties and counsel must attend and be prepared for a settlement conference or informal settlement meeting; failure to do so may result in sanctions.

Not confirmed. Read the court's wording below.INFO?

Parties are encouraged to stipulate in writing to a continuance at least five (5) days prior to the hearing which is to be continued.

Not confirmed. Read the court's wording below.INFO?

However, the settlement conference judge or those conducting the settlement conference may, at the conclusion of the conference, continue it to any other convenient date or time prior to the date set for trial.