Fresno Superior Court Adjournment & Extension Requirements

A party learning of a trial conflict must immediately notify the Civil Supervising Judge and all other parties, and the court will maintain the assigned trial date unless a continuance is granted or approved.

F. After a trial date has been assigned, any party who has a conflict with the trial date shall, immediately upon having knowledge of the conflict, submit a letter to the Civil Supervising Judge and to all other parties notifying them of the conflict. The court shall maintain the trial date until the trial readiness hearing unless: (1) a continuance has been granted pursuant to (D) above, or (2) a continuance is otherwise approved by the Court.

The court may extend time for service of process, filing proof of service, or filing responsive pleadings upon a showing of good cause, but the request must be filed before the initial deadline and may be submitted by noticed motion or ex parte application.

The court may extend any time requirement for service of process or for filing proof of service or responsive pleadings upon a showing of good cause on noticed motion or by ex parte application, which may be made on the form available from the Clerk’s Office and on the court’s website. The motion or application must be filed before the expiration of the initial time period within which the act is required to be done. When a request for an extension is filed, the court may deny the request, grant an extension of time to a specified date, or conduct a hearing on the matter.

When requesting an extension of time for service of process under Code of Civil Procedure § 583.240, plaintiff must state the earliest reasonably possible service date so the court can set service and proof-of-service dates.

When applying to the court to extend time for service of process based on the conditions stated in Code of Civil Procedure § 583.240, the plaintiff shall set forth the earliest date by which service may reasonably be effected so that the court may set a date for service and for the filing of a proof of service.

A trial continuance requires a showing of good cause and a court order obtained at least five court days before trial by noticed motion or ex parte application; party stipulation alone is insufficient.

D. No trial date may be continued merely on stipulation of the parties. On a showing of good cause, the trial date may be continued by court order, obtained by noticed motion or by ex parte application presented to the assigned Civil Judge for All Purposes, at least five (5) court days before trial. It may also be continued pursuant to (F) below.

A continuance application submitted fewer than five court days before trial must include a detailed factual declaration demonstrating good cause for the delay.

E. If an application for a continuance is presented less than five (5) court days before the trial date, it shall contain a detailed factual declaration demonstrating good cause for the delay.

Deadlines, schedules, and other requirements cannot be changed by party stipulation without a written court order; continuances, extensions, and modifications require a noticed motion or ex parte application showing good cause.

No time standard or deadline specified in these rules, nor any schedule, date, time limitation or other requirement imposed by any order made pursuant to these rules may be modified, extended or voided by any stipulation or agreement of the parties unless a written order approving it is obtained from the court. Continuances, extensions or modifications may be obtained by noticed motion or ex parte application, on a showing of good cause.

An extension to file a dismissal may be granted for good cause, and the request must be submitted using the Request for Extension of Time to File Dismissal form.

An extension of time for filing the dismissal may be granted on a showing of good cause. Requests for extensions shall be made on the Request for Extension of Time to File Dismissal form, which is available from the Clerk’s Office and on the court’s website.

A continuance request for a law and motion hearing may be required in writing at least five court days before the hearing, with notice to all parties, a proposed new hearing date, and notice of the other parties' consent or objection; a late request must include a detailed factual explanation showing good cause.

Any request for continuance of a law and motion hearing, may be required to be made in writing to the assigned judge at least five (5) court days before the scheduled hearing with proof of notification to all parties as described in Rule 2.2.2. The request may be submitted by facsimile. The request for continuance shall include a specific date for the continued hearing and a statement indicating whether the other parties consent or object to the continuance and/or the requested new hearing date. B. If the request is made after the five (5) court day time limit has passed, the request shall contain a detailed factual explanation demonstrating good cause for the delay.

A petition for good cause to obtain an order regarding the mandatory settlement conference must be filed and served at least 30 days before trial; written opposition must be filed and served within 10 days after service, and no oral argument will be permitted.

E. By order of the court for good cause, based upon a petition addressed to the Civil Supervising Judge and submitted in care of the ADR Department citing this rule, filed and served on all other parties at least thirty (30) days prior to trial. Opposition to the petition shall be in writing, submitted to the Civil Supervising Judge in care of the ADR Department, filed and served on all parties no later than ten (10) days after service of the petition. There will be no oral argument on such petitions. Parties will be notified of the court’s ruling. Good cause requires facts supporting the conclusion that it would be extremely unlikely that a settlement conference will resolve the case.

A party requesting a settlement-conference date change or another special settlement-conference request must submit a letter to the ADR Department, copying each party, at least 30 days before the conference date.

Any party who wishes to request a change in a settlement conference date due to a scheduling conflict, or who wishes to make any other special request regarding a settlement conference, shall present that request to the ADR Department by letter, with a copy provided to each party, at least thirty (30) days prior to the date set for the settlement conference.

A settlement-conference request submitted after the 30-day deadline must include a detailed factual declaration demonstrating good cause for the delay.

B. If the request is made after the thirty-day limit has passed, the request shall include a detailed factual declaration demonstrating good cause for the delay.

Criminal cases proceed on their scheduled trial dates unless the court is presented convincing proof of good cause under Penal Code § 1050; a stipulation alone does not necessarily establish good cause.

All criminal cases set for trial will proceed to trial on the date scheduled in the absence of good cause. No continuances will be granted unless the court is presented convincing proof of good cause for a continuance in accordance with Penal Code § 1050. A stipulation of counsel to a trial continuance does not necessarily constitute good cause.

Trial continuance motions generally must be written and served under Penal Code § 1050(b), unless the showing is made under § 1050(c).

Motions for trial continuances shall be made in writing and served in accordance with Penal Code § 1050(b), unless the necessary showing is made under § 1050(c).

After arraignment on the information or indictment in a felony case, all trial continuance motions must be made to the judge in the Designated Department.

In felony cases after arraignment on the information or indictment, all motions for trial continuances shall be made to the judge in the Designated Department.

Motions seeking a continuance of a misdemeanor trial must be filed in the assigned trial department.

All motions for a continuance of a trial shall be made in the assigned trial department.

Continuance motions and other specified procedural matters must be presented at the pretrial hearing.

All motions for continuance, waiver of jury, change of plea or other procedural matters shall be presented at the hearing.

A misdemeanor trial will not be continued on its scheduled date except for good cause based on facts unavailable to the moving party at the pretrial hearing.

On the date set for trial there shall be no continuances or other delay of the trial, except on a showing of good cause based on facts not known by the moving party at the time of the pretrial hearing.

A motion-hearing continuance requires good cause and a written notice of intent with proof of service on all other parties filed at least two court days before the hearing.

Continuances of hearings on motions shall not be granted except for good cause shown and upon the filing of a written notice of intention to move for such continuance with the Clerk, together with proof of service on all other parties two (2) court days prior to the hearing.

A party seeking an extension of the briefing schedule must submit the request to the Presiding Judge with a good-cause declaration, proposed order, and completed proposed-orders checklist.

A party may file a request for an extension of time to comply with the briefing schedule with the Presiding Judge of the Appellate Division. Such request shall include a separate declaration providing good cause for the extension of time, a proposed order and a properly completed checklist for proposed orders form.

A request to shorten time must follow Rule 5.2.2 and requires contacting the opposing attorney to try to clear the hearing date.

A request for an order shortening time shall follow the procedure set forth in Rule 5.2.2. The opposing attorney must be contacted in an attempt to clear the hearing date.

A shortening-time request must include a declaration documenting notice, the additional issues, the opposing party's position, and any reasons for opposition.

The request shall include a declaration that the opposing counsel or party has been notified of the intent to seek an order shortening time and has been informed of the additional issues. The declaration shall include a statement as to whether the opposing party agrees to or opposes the order shortening time, and if applicable, the specific reasons for opposition.

An agreed continuance requires prompt contact with the Department Judicial Assistant, a good-cause showing, departmental approval, submission of a confirming letter or stipulation and the appropriate fee, and is strongly disfavored.

If there is a request to continue a hearing by agreement, the moving party shall, as early as possible, contact the Judicial Assistant of the Department. Upon the showing of good cause and the department’s approval, the parties may call the Calendar Clerk to obtain the next available hearing date. A letter or stipulation confirming the new date shall be submitted to the Calendar Clerk along with the appropriate fee. Requests for continuances are strongly disfavored.

A stipulated continuance requires the Judicial Officer's permission before it is granted, and the court must approve a new date earlier than the Clerk's next available hearing date.

Permission of the Judicial Officer shall be obtained before a stipulated continuance is granted. The court must also approve the new hearing date if it is prior to the Clerk’s next available hearing date.

A continuance of a contempt hearing must be requested in open court or obtained through a written stipulation signed by the citee.

Continuances of contempt hearings must be requested in open court or obtained by written stipulation signed by the citee.

Dependency hearing timelines must be strictly followed unless the party seeking a continuance demonstrates good cause.

It is the policy of this Juvenile Court to strictly comply with the timelines for dependency hearings, unless good cause is shown for continuance. (Welfare & Institutions Code § 352; California Rules of Court, rule 5.5.50(a)(2)). (Effective July 1, 2012, New)

A request to continue an already calendared hearing must use the required form, state the reason and requested duration, and be presented to all parties first.

If the Ex Parte Application to Calendar and Order form is being used to obtain a continuance of a hearing date which is already on calendar, the Ex Parte Application to Calendar and Order form, which shall adequately specify the reason the continuance is sought and the length of the continuance being sought, shall first be presented to all parties.

For regularly calendared matters, required notices, supplements, or corrective documentation must be filed at least two court days before the hearing, except for strictly court-determined matters.

A matter is considered not ready for hearing if notices, supplements, or other documentation curing all discrepancies or omissions, other than strictly court- determined matters, are not filed at least two (2) court days before the hearing.

If a matter remains not ready on its continued hearing date, the court may remove it from the calendar or deny it without prejudice unless counsel, or a self-represented petitioner, personally appears and the court grants a continuance request.

If the matter is not ready on the continued date, it may be ordered off calendar or may be denied without prejudice unless a request for continuance is granted by the court upon the personal appearance by counsel or the petitioner, if self-represented.

When a continuance is granted to permit written objections, those objections must be filed and served on all interested parties at least five days before the continued hearing unless the court orders otherwise.

When a matter has been continued to allow written objections, they shall be filed and served on all interested parties no later than five (5) days prior to the continued hearing date, unless otherwise ordered by the court.

Status hearings and 30-day review hearings for ex-parte temporary guardianship or conservatorship orders may be continued only by the judge at the hearing; for other probate matters, the Probate Clerk’s Office may grant up to two continuances upon a timely petitioning-party request, and further continuances require a court appearance before the judge.

Status hearings and hearings for 30-day review of ex-parte temporary guardianship or conservatorship orders may only be continued by the judge at the time of the hearing. For all other matters, the Probate Clerk’s Office may grant a maximum of two continuances on any particular matter on a request made by the petitioning party made no later than the close of business two days prior to the hearing. Any further continuances must be made in court, by the Judge, at the time set for hearing.

With the arbitrator's consent, the parties may stipulate to one continuance of up to 30 calendar days, while any further continuance request must be made by motion before the Judicial Officer.

2. With the consent of the arbitrator, the parties may stipulate to one (1) continuance, not to exceed thirty (30) calendar days. Any further requests for continuance shall be made by motion before the Judicial Officer.

When counsel is actually engaged in another trial on the scheduled trial date, the case will trail day to day until that trial is completed or until another date set by the court under Penal Code § 1050(c).

If, on the date set for trial, counsel is actually engaged in the trial of another case, the case scheduled for trial will trail from day to day until completion of the trial in the other case, or to such other date as set by the court under § 1050(c).

Court staff may grant one 60-day continuance for the initial payment of criminal fines and one 60-day continuance after monthly payments are established, and may consider one request to change the monthly payment due date.

A. Continuances. Court Staff is authorized to grant one sixty (60) day continuance for the initial payment of criminal fines; one sixty (60) day continuance once monthly payments have been established; and one request to change the specific day of the month that the monthly payment is due.

A request for a continuance longer than 60 days must be submitted to a judicial officer in writing or through a personal court appearance.

Any requests for a continuance of more than sixty (60) days shall be made to a judicial officer either in writing or through a personal court appearance.

Except for the stated Rule 3.4.2A exception, motions for continuance of a preliminary examination must be made in the Designated Department.

Except as provided in Rule 3.4.2A, preliminary examinations shall be calendared in the Designated Department and motions for continuance of a preliminary examination shall be made in the Designated Department.

When appropriate, the party requesting a continuance must notify FCS and DCSS.

When appropriate, FCS and DCSS must also be notified of continuances by the party requesting the continuance.

A party or attorney may request a continuance of a Status Conference or Case Resolution Conference by contacting the clerk of the assigned department, but court approval is required.

Continuances of Status Conference or Case Resolution Conferences may be requested by both parties or attorney by contacting the clerk of the department in which the Status Conference or Case Resolution Conference is set. Approval of the Court is necessary for the matter to be continued.

If a social study report is untimely or unavailable to all parties, an affected party may request a continuance, or the court may continue the hearing on its own motion to the extent permitted by law.

If the social study report is not timely filed or made available to all parties, then any affected party may request a continuance or the Court on its own motion may continue the hearing to the extent permitted by law.

An objecting party should identify its objection on the form, and the form must be initialed by all parties before submission to the assigned judicial officer.

If any party objects to the proposed continuance, or requests a hearing on the request for a continuance, that party should so specify on the Ex Parte Application to Calendar and Order form. Once the Ex Parte Application to Calendar and Order form has been initialed by all parties, the form shall be presented to the judicial officer in whose courtroom the hearing is currently scheduled for consideration.

A party obtaining a continuance must notify all parties who received hearing notice by the close of business the day before the hearing and may be responsible for costs caused by unnecessary appearances when notice is not given.

A party obtaining a continuance is responsible for noticing all parties who have received notice of the hearing by close of business the day prior to the hearing. If there are unnecessary appearances made and notice was not given, the party requesting a continuance may be assessed and held responsible for costs of those persons appearing.

Court staff may grant one 90-day continuance for the initial payment of traffic fines, one 90-day continuance after monthly payments are established, and one request to change the monthly due date; requests exceeding 90 days must be made to a judicial officer in writing or through a personal appearance.

Court staff is authorized to grant: one ninety (90) day continuance for the initial payment of traffic fines; one ninety (90) day continuance once monthly payments have been established; and one request to change the specific day of the month that the monthly payment is due. Any requests for a continuance of more than ninety (90) days shall be made to a judicial officer either in writing or through a personal court appearance.

Defendants have 60 days to complete traffic school, and court staff may grant one 90-day continuance for completion.

Defendants are currently allowed sixty (60) days to complete traffic school. Court staff is authorized to grant one ninety (90) day continuance to complete traffic school.