Lake Superior Court Adjournment & Extension Requirements

CRITICAL

A request to shorten time or continue a scheduled hearing will not be granted without a declaration showing good cause why the matter cannot be heard on regular notice.

A. A request for an order shortening time for service, hearing or a continuance of a scheduled hearing will not be granted unless supported by a declaration demonstrating good cause why the matter cannot be heard on regular notice.

CRITICAL

Criminal hearings and trials proceed as scheduled absent good cause, and a continuance requires proof of good cause under Penal Code §1050; counsel's stipulation alone does not necessarily establish good cause.

All criminal cases set for hearing or trial will proceed to hearing or trial on the date scheduled in the absence of good cause. No continuances will be granted unless the court is presented proof of good cause for a continuance in accordance with Penal Code §1050. A stipulation of counsel for hearing or trial continuance does not necessarily constitute good cause. (eff. 1/1/2010)

CRITICAL

A noticed conference may be continued only by order of the presiding civil judge, and a continuance request must include a stipulation and a declaration stating the reason.

A noticed conference may be continued only on the order of the presiding judge of the civil department. A request for a continuance shall be supported by a stipulation and a declaration stating the reason for the request.

CRITICAL

Trial dates are firm and may be changed only with court approval; motions to advance, reset, specially set, or continue a trial date must be set for hearing on written notice to all parties who have appeared.

All dates for trial are firm and no trial date will be changed without court approval. Motions to advance a trial date, to reset or specially-set a case for trial, or to continue a trial date must made on written notice to all parties who have appeared, and must be set for hearing.

CRITICAL

A trial-continuance motion must be noticed for hearing as soon as possible after the need is determined, and a continuance requires an affirmative showing of good cause.

A motion for continuance of a trial date must be noticed for hearing as soon as possible after the need for continuance has been determined. No continuance will be granted except upon an affirmative showing of good cause (CRC § 3.1332).

CRITICAL

After the parties have been served, a continuance request must be made in writing at least ten days before the scheduled court date.

If a continuance is requested after parties have been served, the request must be made in writing at least ten days prior to the scheduled court date.

WARNING

The court may refuse a trial-continuance request that is untimely or does not satisfy the section’s requirements.

The court may refuse to grant a requested trial continuance if it is not timely, or if it fails to meet the requirements specified in this section.

WARNING

The court will grant a continuance when rescheduling is necessary to properly serve the opposing party.

If it is necessary to reschedule the trial date in order to properly serve the opposing party, the court will grant a continuance pursuant to Civil Code of Procedure § 116.570.

WARNING

A small claims action may be dismissed without prejudice if the plaintiff does not appear, unless the plaintiff contacts the court in writing before the hearing date to request a continuance.

The court will dismiss, without prejudice, any small claims action for which there is no appearance by the plaintiff at the scheduled hearing, unless the plaintiff contacts the court in writing prior to the hearing date to request a continuance.