Imperial Superior Court Adjournment & Extension Requirements

Parties may not modify, extend, or avoid a procedure or deadline by stipulation or agreement without the Court's advance approval, subject to the stated Government Code exception.

However, no procedure or deadline, established by these rules or order of the Court may be modified, extended, or avoided by stipulation or agreement of the parties, except as permitted Section 68616 of the Government Code, unless approved by the Court in advance of the date sought to be altered.

A defendant or counsel may request one continuance of an initial or mandatory arraignment, except when the defendant is released on bail; the continuance must be 30 days or less and the written request must be submitted at least 24 hours before arraignment.

A clerk of this court may, upon written request of a defendant or his counsel, continue the initial and/or mandatory arraignment of a defendant, except for defendants released on bail. Such a continuance must be 30 days or less. Only one continuance is allowed. Request must be submitted no less than twenty-four (24) hours prior to arraignment date.

Continuances are granted only when good cause is shown.

Continuances will only be granted upon a showing of good cause.

When no defendants have appeared, a party may request an ex parte continuance of the case management conference by submitting a declaration showing good cause.

In cases where no defendants have appeared, a continuance may be requested ex parte based on a declaration showing good cause why the conference should be continued.

The court may allow one or more continuances of a judgment-debtor examination when all parties or attorneys stipulate, the person or entity ordered to appear joins the stipulation, and the court approves upon good cause shown.

(e) Continuances: One or more continuances of a judgment debtor examination may be allowed upon stipulation of all parties or their attorneys, joined in by the person or entity ordered to appear, if approved by the Court upon good cause shown.

Criminal proceedings should be set for trial as early as possible, and continuances generally will not be granted without good cause.

It is the policy of the Court that all criminal proceedings be set for trial at the earliest possible time. Consistent with said policy continuances will generally not be granted, absent good cause.

The court may impose sanctions when counsel's act or omission causes the need for a continuance.

If the need for such a continuance is caused by an act or omission of counsel for either party, sanctions may be imposed.

A party approved to pay a fine may request one written 30-day payment extension from the clerk; further delay may result in a civil assessment.

A party that has been approved to make payments of fine may ask the clerk for one 30-day payment extension. The request must be presented in writing. Any further delay in payment may result in the imposition of a civil assessment per PC §1214.1

A party may submit one written request to the clerk for an extension of no more than 30 days from the pay-or-appear date listed on the citation or notice.

A party may request from the clerk, one extension not to exceed 30 days from the pay or appear date listed on the citation or notice to appear. The party must submit to the clerk the written extension request.

A defendant or counsel may request one continuance of 30 days or less for an initial or mandatory non-traffic infraction arraignment by written request submitted at least 24 hours before arraignment, but defendants released on bail are ineligible.

A clerk of this court may, upon written request of a defendant or his counsel, continue the initial and/or mandatory arraignment of a defendant in a non-traffic infraction, except for defendants released on bail. Such continuance must be 30 days or less. Only one continuance is allowed. Request must be submitted no less than twenty-four (24) hours prior to arraignment date.

Stipulated continuances require approval by the presiding judge of the appellate division and are decided without a hearing.

Continuances by stipulation are subject to the approval of the presiding judge of the appellate division, and will be ruled upon, without a hearing.

If the optional notice form is used to request that a hearing, motion, or request for order be taken off calendar, the moving party must state either that the other party was not served or that the other party filed a response agreeing to removal from calendar.

Petitioner and/or Respondent requests the Court to take off calendar the Hearing/Motion filed on ________________ Request for Order filed on __________________, scheduled for Date:______________________ Time:_______________________ Dept:_________________. I am the moving party for this hearing. 2. Reason for Hearing or Request for Order to be taken off calendar (you must check a or b): a. I did not serve the other party with the moving documents for this Hearing or Request for Order. b. The other party has filed a response and agrees to have the matter taken off calendar. (Both parties must sign below)