Kern Superior Court Adjournment & Extension Requirements

The declaration showing cause must be filed with the Clerk three court days before the scheduled court date.

A declaration to show cause shall be filed with the Clerk of the Court three (3) court days prior to the scheduled court date.

After a case is assigned to a trial department or division, a continuance motion will not be considered unless the grounds were unknown and could not reasonably have been known when the case was approved for trial; the Master Criminal Calendar Judge hears any such motion at the earliest opportunity.

No motions to continue a trial will be considered once the case is assigned to a trial department or division unless the grounds for the continuance were unknown and reasonably could not have been known when approved for trial. The motion will be heard at the earliest possible convenience by the Master Criminal Calendar Judge only, and if denied, will be reassigned to a trial department or division if available.

A trial continuance request must be written and signed by the attorney, party, or both; a stipulation requires both counsel's signatures, a detailed reason, submission to the Family Law Department at least five days before trial, and court approval of the new date before submission.

Any request for a continuance of a trial date shall be submitted in written form signed by the attorney, the party, or both. In the event of a stipulation to continue the trial date, both counsel must sign the stipulation. The proposed stipulation must be accompanied with a detailed explanation of the reason for the continuance. The stipulation must be submitted to the Family Law Department not less than five (5) days before the trial date. The new date must be approved by the Court before the Stipulation is submitted.

A request to continue a settlement conference is discretionary and requires a showing of good cause.

(c) A request to continue a settlement conference is within the discretion of the court and requires a showing of good cause.

A counsel-stipulated continuance requires court approval, may incur filing fees or conditions, and cannot be stipulated to for fewer than seven calendar days.

All Continuances stipulated by Counsel shall be approved by the Court and are subject to appropriate filing fees and/or conditions set forth by the Court. Counsel cannot stipulate to a continuance of less than seven (7) calendar days.

An attorney with a calendar conflict must notify the court and, when possible, opposing counsel or an unrepresented party at the earliest opportunity; failure to give notice may result in attorney fees.

In the event of a calendar conflict preventing or delaying a hearing, the attorney with the conflict shall notify the Court and, to the extent possible, the opposing counsel or unrepresented party, at the earliest opportunity. If notice is not given, the Court may award attorney’s fees.

After service, a party may request one postponement of up to 15 days by submitting a written request and paying the fee at least five court days before trial.

After service, parties may request a single postponement of no longer than fifteen (15) days through a written request and payment of the fee to the Clerk of the Court at least five (5) court days prior to the scheduled trial.

If the claim is unserved, the Clerk may grant one extension of up to 30 days for in-county claims or 60 days for out-of-county claims upon filing a declaration showing cause.

If a plaintiff’s claim has not been served, one extension of not greater than thirty (30) days for in- county claims and sixty (60) days for out-of-county claims may be granted by the Clerk of the Court upon the filing of a declaration to show cause.

Additional extensions may be granted only by the Court in exceptional circumstances.

Additional extensions shall only be granted by the Court in exceptional circumstances.

Once assigned or called to trial, a case will proceed without interruption, and any adjournment for settlement, discovery, evidence preparation, or later trial portions requires unusual circumstances without fault, good cause, and the trial judge’s sound discretion.

No adjournment will be allowed to explore settlement, conduct discovery, marshal evidence or prepare for the presentation of any subsequent portion of the trial, except in unusual circumstances without fault of the moving party where good cause is shown in the sound discretion of the trial judge.

A continuance stipulation may be presented on the hearing date if all counsel or self-represented litigants signed; not everyone must appear, and no filing fee is required.

(c) Stipulations for Continuances may be presented on the date of the hearing so long as all counsel or self-represented litigants have signed. In such cases, not all parties or counsel need to be present and no filing fees will be required for stipulations so presented and submitted on the date of hearing.

Trial proceeds on the scheduled date unless the court grants a continuance based on a properly noticed motion showing good cause.

(a) Trial will take place on the date scheduled unless continued by order upon properly noticed motion showing good cause for such continuance.

A continuance motion made on the date of trial is disfavored and may be granted only upon a clear showing of good cause.

(b) Motions for continuance of the trial made on the date of trial are disfavored and will be granted only upon a clear showing of good cause.

Notice of a continuance request must be provided at the earliest opportunity; failure to provide written notice at least three court days before the hearing may result in attorney fees if the continuance is granted.

(a) Notice of a request for continuance must be given to the other party at the earliest opportunity. If a written notice is not presented to the adverse party at least three (3) court days prior to the date set for the hearing and a continuance is granted, an award of attorney fees may be ordered to the nonmoving party.

A stipulated continuance may be submitted in writing to the clerk before the hearing or requested orally at the proceeding if counsel for all parties are present.

(b) Continuance of Request for Orders, Orders to Show Cause, and motions by stipulation may be presented in written form to the Clerk’s Office prior to the hearing date or may be requested orally of the court at the time set for the proceeding, provided counsel for all parties are present.