Kings Superior Court Adjournment & Extension Requirements

After report disclosure, the court must grant a reasonable continuance when the opposing party requests additional preparation time and demonstrates good cause.

If, after disclosure of the report, the opposing party requests a continuance in order to further prepare for the hearing and shows good cause for the continuance, the court shall grant a continuance for a reasonable period of time.

A trial date may be vacated or continued only for good cause through a duly noticed motion complying with California Rules of Court 3.1332 and 3.1335.

B. No trial date may be vacated or continued, except for good cause upon a duly noticed motion in a manner consistent with the provisions of California Rules of Court, rules 3.1332 and 3.1335.

Any small claims continuance request must be written and served on the opposing party or parties under Code of Civil Procedure section 116.570.

Any request for a continuance must be in writing and served on the opposing party or parties pursuant to Code of Civil Procedure section 116.570.

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

B. The court may extend any time requirement for service of process or for filing a proof of service or responsive pleadings upon a showing of good cause on noticed motion or by ex parte application. The motion or application must be filed before the expiration of the initial period within which the act is required to be done.

A motion to extend the time to file the return of summons and proof of service must state the earliest reasonably achievable service date so the court can set a date certain.

C. When applying to the court to extend time to file the return of the summons and proof of service based upon the conditions stated in Code of Civil Procedure section 583.240, the plaintiff shall set forth in the motion the earliest date within which service may reasonably be achieved so that the court may set a date certain for service and filing of a proof of service.

Court-imposed deadlines, schedules, and other requirements may be changed only by court order obtained through a noticed motion or ex parte application showing good cause; a party stipulation alone is insufficient.

A. 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.

Unless the court orders otherwise, a moving party must give written notice and notify the clerk and assigned judge at least five court days before the hearing to take a law and motion matter off calendar.

Unless otherwise ordered by the court, any moving party who wishes to have a law and motion matter taken off calendar shall give written notice to all parties and shall notify the clerk and assigned judge in writing at least five (5) court days before the scheduled hearing date with proof of notification to all parties.

The parties may take a law and motion matter off calendar by stipulation if the court receives written notice at least five court days before the hearing.

A law and motion matter may also be taken off calendar by stipulation of the parties, with written notice received by the court at least five (5) court days before the scheduled hearing.

Permission from the assigned judge must be obtained within five court days of the hearing upon the request of all parties made in person, by conference call, or in writing.

Within five (5) court days of the hearing, permission to take the matter off calendar must be obtained from the assigned judge, upon request of all parties in person, by conference call, or in writing.

A request to continue a law and motion hearing must be made by stipulation or motion, set forth good cause, and be submitted to the assigned judge at least five court days before the hearing with proof of notice to all parties.

Any request for continuance of a law and motion hearing shall be made by stipulation or motion setting forth good cause before the assigned judge at least five (5) court days before the scheduled hearing with proof of notification to all parties.

A request to continue a trial beyond the statutory 20-day deadline must be presented by ex parte application under California Rules of Court rule 3.1200 et seq.

2. Any request to continue a trial date which will cause the date of trial to exceed the 20-day deadline set forth in California Code of Civil Procedure, section 1170.5(a), must be presented via ex parte application consistent with California Rules of Court, rule 3.1200, et seq.

An Order to Show Cause may be continued only with a Stipulation and Order or an Application and Order for Reissuance using Judicial Council Form FL-306, subject to Local Rule 304.

A. Continuances must comply with Superior Court of Kings County, Local Rule 304, an Order to Show Cause will only be continued with a Stipulation and Order or by submitting an Application and Order for Reissuance of Order to Show Cause [Judicial Council Form Number FL-306].

An unserved Order to Show Cause regarding contempt or examination of a judgment debtor requires the moving party to take the hearing off calendar, and any new hearing date requires a new order or application submitted to the court.

B. An Order to Show Cause Re: Contempt and Order for Examination of Judgment Debtor will not be reissued. If an Order to Show Cause Re: Contempt or Examination of Judgment Debtor is not served, the moving party shall take the hearing off calendar. If a new hearing date is sought, a new Order to Show Cause Re: Contempt or Application for Examination of Judgment Debtor must be submitted to the court.

Every request to continue or reschedule a trial date must show good cause.

E. Any request for continuance or rescheduling of a trial date must include a showing of good cause.

A party-initiated motion seeking additional time under California Rules of Court rule 4.552 must demonstrate good cause and include proof of service on all parties or their attorneys of record.

Any party-initiated motion for additional time to do any act set forth in California Rules of Court, rule 4.552 must demonstrate good cause and include proof of service upon all parties or their attorney of record.

An extension request must be served at least ten days before the deadline sought to be extended, and the motion should include a proposed order stating the good-cause basis, although omission may delay processing.

served at least ten (10) days prior to the deadline to sought be extended. A proposed Order setting forth the good cause basis for the requested extension should be included with the motion. Failure to include a proposed order may delay processing of the party-initiated motion.

A continuance after service of an Order to Show Cause regarding contempt or examination of a judgment debtor will not be granted without a court appearance.

C. After service of an Order to Show Cause Re: Contempt or Order for Examination of Judgment Debtor, a continuance will not be granted without a court appearance.

In a small claims case, the court may continue a trial for up to 30 days when proof of service is missing, provided the plaintiff shows good cause and due diligence in attempting service.

If proof of service on any defendant in a small claims case has not been filed by the date set for trial, the court may order a continuance of the trial date for up to thirty (30) days to enable the plaintiff to effectuate service, upon showing of good cause and due diligence in attempting to effectuate service on the defendant.

In a personal-injury case, good cause for extending service time may be established by a declaration showing that the defendant's insurer was notified and settlement negotiations are likely to resolve the case without further litigation.

D. In personal injury cases, “good cause” for an extension of time to serve a named defendant may be established where the plaintiff’s declaration affirmatively shows that the defendant’s insurance carrier has been advised that an action has been filed and that settlement negotiations are in progress which are likely to resolve the case without further litigation.

Failure to file timely proof of publication may result in removal from the calendar, continuance of the hearing, or sanctions payable to an inconvenienced party.

Failure to comply with this rule may result in removal of the matter from calendar, a continuance of the hearing in question, and sanctions payable to any party inconvenienced by the offending party.

The court may continue a matter expected to take more than 20 minutes to accommodate the court’s calendar.

if it is apparent to the presiding family law judge or commissioner that a matter will take more than twenty (20) minutes, such matter may be continued by the court to accommodate its calendar.