Del Norte Superior Court Adjournment & Extension Requirements

CRITICAL

The parties may continue a matter once by stipulation without court approval if the Court is informed at least five days before the hearing; other continuances require court approval for good cause, followed by a confirming letter to the Judicial Assistant and all other counsel.

By stipulation, the parties may continue a matter one (1) time only without the approval of the Court if the Court is informed at least five (5) days in advance of the hearing date. Except as herein expressly provided, no matter will be continued, even by stipulation of the parties, except with the approval by the Court for good cause shown. If good cause is shown to the satisfaction of the Court, the requesting party shall send a confirming letter via e-mail or U.S. Postal Service mail to the Judicial Assistant for the department hearing the matter and all other counsel.

CRITICAL

An initial stipulated CMC continuance requires a stipulation signed by all parties and a declaration stating the reason; the Clerk’s Office must receive the request by the court day before the scheduled CMC.

(A) By Stipulation: Parties requesting an initial continuance must submit a stipulation signed by all parties and a declaration stating the reason for the request. The Clerk's Office must receive this request as soon as possible, but no later than the court day before the scheduled CMC.

CRITICAL

Further CMC continuances may be granted only upon filing a proper motion and court order.

Any further continuances may only be granted upon filing of a proper motion and order of the court.

CRITICAL

A non-stipulated CMC continuance requires a noticed motion with a hearing set before the CMC, supported by a declaration and proof of service, and may be granted upon a finding of good cause.

(B) Without Stipulation: Parties requesting a non-stipulated continuance must file a noticed motion and set a hearing date prior to the scheduled CMC. A declaration and proof of service must support the motion. The motion will be granted upon a finding of good cause.

WARNING

The court may extend service-of-process or summons-return deadlines for good cause, unless otherwise provided by law.

Except as otherwise provided by law, the court may extend any time requirements for service of process and return of summons upon a showing of good cause by the litigant.

WARNING

Responsive pleadings may be served under an extension of up to 15 calendar days obtained by all-party stipulation or court order granting the responding party’s motion for relief.

Responsive pleadings will be served upon each party if an extension, not exceeding fifteen (15) calendar days, is obtained by stipulation of all parties or by order of the court granting the responding party‘s motion for relief from the time limit.

WARNING

the date of the rescheduled CMC, which should be no later than thirty (30) calendar days after the initial CMC was set.

the date of the rescheduled CMC, which should be no later than thirty (30) calendar days after the initial CMC was set.

WARNING

Attorneys shall consult the Court website to determine the dates available to schedule the CMC.

Attorneys shall consult the Court website to determine the dates available to schedule the CMC.

WARNING

A motion for relief from a time limit in this chapter may be granted only upon a showing of good cause.

Motions for relief from time limits set forth in this chapter will be made and may be granted only upon a showing of good cause.

INFO

Before denying a petition submitted without appearance, the Court may continue the matter to give counsel or the petitioner an opportunity to appear.

Before denying any petition where appearance is not made under this local rule, the Court in its discretion may continue the matter to provide counsel or the petitioner an opportunity to appear.

INFO

As a policy recommendation, judges should consider granting continuances and not penalizing a failure to appear when the individual has a credible fear of immigration enforcement.

For instance, judges should consider granting continuances, and not assess penalties for an individual's failure to appear if that person has a credible fear of immigration enforcement.