Calaveras Superior Court Adjournment & Extension Requirements

CRITICAL

A continuance request requires written notice filed with the court and served on the opposing party at least 10 calendar days before trial, unless good cause excuses late notice.

It is the policy of the Superior Court of California, County of Calaveras to require written notice, filed with the court and served upon the opposing party at least ten (10) calendar days prior to the trial date to be continued unless good cause is found for failure to provide timely notice.

CRITICAL

If the record is unavailable or the evidence is incomplete, the hearing must be continued.

Setting the writ for hearing before the record is prepared or before the evidence is gathered serves only to unnecessarily clog the court's calendar since the hearing must be continued if the record is not available or the evidence otherwise is incomplete.

CRITICAL

A continuance request must state its reason, and a requester who cannot give at least 10 days' notice must explain why.

I request a continuance of the above court trial for the following reason(s) (If you are unable to provide at least 10 days notice, you must also explain why you are unable to provide the required notice):

CRITICAL

The arbitration hearing must be completed within 90 days after the arbitrator’s appointment; a continuance extending that period requires a court order after noticed motion.

The arbitration hearing shall be completed within 90 days of the appointment of the arbitrator, requests for continuances to extend the 90 days, require a court order after noticed motion.(CRC 3.817 & 3.821)

CRITICAL

For a preliminary-examination deadline that would expire August 17–18, 2020, a judge may extend the time period under Penal Code section 859b as stated in the order, to not more than two court days.

In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18, 2020, inclusive, any judge of the Court may extend the time period provided in section 859b of the Penal Code for the holding of a preliminary examination from 10 court days to not more than 2 court days (Gov. Code, § 68115(a)(9));

CRITICALCivil cases

DV, CH, and EA temporary restraining orders are extended until October 17, 2019, at 8:30 a.m.

Due to the Judicial Council closing the Court on 10/10/19 and 10/11/19 as part of the Public Safety flower shutoff all DV, CH, and EA temporary restraining others are extended to 10/17/19 at 8:30 a.m.

CRITICAL

A party may request an extension from the Presiding Judge of the Appellate Department, but the request must include a separate good-cause declaration and proposed order and be filed before the applicable deadline expires.

A party may file a request for an extension of time to comply with the briefing schedule with the Presiding Judge of the Appellate Department. Such request shall include a separate declaration providing good cause for the extension of time and a proposed order. The request shall be filed prior to the expiration of the applicable filing deadline.

CRITICALCriminal cases

The court clerk must grant the defendant's request for one reasonable arraignment continuance.

4. Grant one reasonable continuance of the arraignment at the request of the defendant;

CRITICAL

Continuances of infraction trials are discouraged; requests must be based on good cause and submitted at least 10 days before trial.

Continuance of infraction trials is discouraged. Requests for continuances must be based on good cause and submitted on the local form “Notice of Motion to Continue Trial” at least 10 days prior to the date of trial.

CRITICAL

A criminal matter may be continued only pursuant to Penal Code § 1050, even if the parties stipulate.

No criminal matter will be continued, even by stipulation of the parties, except pursuant to Penal Code § 1050.

CRITICAL

If a continuance motion will be made in court, notify the court at the earliest opportunity before the hearing.

If a motion for continuance is to be made in court, the court shall be notified at the earliest opportunity prior to the hearing.

CRITICAL

If service was not completed on time, a written continuance order must be obtained before or at the original hearing date to keep the matter on calendar.

Where service of process of a request for order, motion or order to show cause has not been completed in a timely fashion, a written order continuing the matter to a new date must be obtained prior to or at the original hearing date in order to keep the matter on calendar.

CRITICAL

For a criminal-trial deadline under Penal Code section 1382 that would expire August 17–18, 2020, a judge may extend the time period by no more than two days.

In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18, 2020 inclusive, any judge of the Court may extend the time period August 17, 2020, to August 18,2020, provided in section 1382 of the Penal Code for the holding of a criminal trial by not more than 2 days (Gov. Code, § 68115(a)(10));

CRITICAL

Continuances of infraction trials are discouraged; requests must be based on good cause and submitted at least 10 days before trial.

Continuance of infraction trials is discouraged. Requests for continuances must be based on good cause and submitted on the local form “Request Notice of Motion to Continue Trial” at least 10 days prior to the date of trial.

CRITICAL

Law and Motion matters may be continued only with court approval for good cause, even if the parties stipulate.

Law and Motion matters may not be continued, even by stipulation of the parties, except upon approval by the court for good cause shown.

CRITICAL

A judge may extend a temporary restraining order that would otherwise expire August 17–18, 2020, by no more than two days if the emergency prevented proceedings to determine whether to enter a permanent order.

Any judge of the Court may extend by not more than 2 days the duration of any temporary restraining order that would otherwise expire from August 17, 2020 to August 18, 2020, inclusive, because the emergency condition described in the Order prevented the Court from conducting proceedings to determine whether a permanent order should be entered (Gov. Code, § 68115(a)(7));

CRITICAL

For a felony defendant whose statutory deadline would expire August 17–18, 2020, a judge may extend the period to be taken before a magistrate from 48 hours to no more than three days.

In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18,2020, inclusive, any judge of the Court may extend the time period provided in section 825 of the Penal Code within which a defendant charged with a felony offense must be taken before a magistrate from 48 hours to not more than three days (Gov. Code, § 68115(a)(8));

CRITICALCivil casesCourt notice

The arbitration hearing must be completed within 90 days of the arbitrator’s appointment; a continuance extending that period requires a court order after noticed motion.

The arbitration hearing shall be completed within 90 days of the appointment of the arbitrator, requests for continuances to extend the 90 days, require a court order after noticed motion.(CRC 3.817 & 3.821)

CRITICAL

For a section 334 hearing deadline that would expire August 17–18, 2020, a judge may extend the time to hold the hearing on a juvenile dependency petition by no more than two days.

In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18, 2020, inclusive, any judge of the Court may extend the time period provided in section 334 of the Welfare and Institutions Code within which a hearing on a juvenile dependency petition must be held by not more than 2 days (Gov. Code, § 68115(a)(12));

CRITICAL

Time waivers and continuances are granted only upon a showing of exceptional circumstances.

Time waivers will be accepted and continuances granted only on a showing of exceptional circumstances.

CRITICAL

For the section 313 release deadline that would expire August 17–18, 2020, a judge may extend the time for releasing a minor taken into custody pending dependency proceedings to no more than two days.

In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18, 2020, inclusive, any judge of the Court may extend the time period provided in section 313 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be released from custody to not more than 2 days (Gov. Code, § 68115(a)(11));

CRITICAL

For the listed section 632 or 637 detention-hearing or rehearing deadlines that would expire August 17–18, 2020, a judge may extend the time to no more than two days for a minor in wardship proceedings charged with a felony.

In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18,2020 inclusive, any judge of the Court may extend the time periods provided in sections 632 and 637 of the Welfare and Institutions Code within which a minor taken into custody pending wardship proceedings and charged with a felony must be given a detention hearing or rehearing to not more than 2 days (Gov. Code, § 68115(a)(11));

CRITICAL

If service was not completed on time, a written continuance order must be obtained before or at the original hearing date to keep the hearing on calendar and temporary orders in effect.

Where service of process has not been completed in a timely fashion, a written order continuing the matter to a new date must be obtained prior to or at the original hearing date in order to keep the hearing on calendar and temporary orders in effect.

CRITICAL

For the section 315 detention-hearing deadline that would expire August 17–18, 2020, a judge may extend the time to hold the hearing to no more than two days.

In cases in which the statutory deadline otherwise would expire on August 17, 2020, to August 18, 2020, inclusive, any judge of the Court may extend the time period provided in section 315 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be given a detention hearing to not more than 2 days (Gov. Code, § 68115(a)(11));

WARNING

The applicant may request an extension of time to pay the fine and specify the requested number of days.

an extension of time to pay the fine for _____ days.

WARNING

A judge may extend the statutory deadline for a felony wardship-petition hearing by no more than 2 days during the stated period.

2020, to August 18,2020, inclusive, any judge of the Court may extend the time period provided in section 657 of the Welfare and Institutions Code within which a hearing on a wardship petition for a minor charged with a felony offense must be held by not more than 2 days (Gov. Code, § 68115(a)(12)).