Madera Superior Court Adjournment & Extension Requirements

A counsel or self-represented litigant who did not participate in selecting a short-cause trial date is entitled to one continuance of right by stipulation or motion.

A counsel or self-represented litigant who did not participate in the selection of a short cause trial date shall be entitled to one continuance of right, by stipulation or motion.

All continuances must be requested by noticed motion with supporting declarations, and requests made by other methods will be denied except in emergencies.

All continuances, contested or not, are to be applied for by noticed motion with supporting declarations. Continuances applied for in any other manner will be denied, except in emergencies.

A mandatory-settlement-conference continuance must be directed to the assigned judge and granted only if it will neither delay trial nor disrupt that judge's calendar.

Motions for the continuance of the mandatory settlement conference shall be made to the Judge to whom the mandatory settlement conference has been assigned and shall be granted only if the continuance would not delay the trial of the action nor disrupt the calendar of the Judge to whom the settlement conference has been assigned.

The court will grant a continuance only when the requesting party affirmatively shows good cause.

The Court will grant continuances only upon an affirmative showing of good cause.

Mandatory settlement conferences, trial assignments, and trials generally must proceed as calendared unless good cause for a continuance is shown.

2.10.2 Civil Cases-Further Statement of Policy. In order to effect and preserve the maximum efficiency of the Court in reducing congestion and delay in the trial of cases, the Court will enforce a strict policy of requiring mandatory settlement conferences, trial assignments, and trials to proceed as calendared in the absence of good cause shown for a continuance thereof.

A continuance request for a settlement conference, trial assignment, or trial date must be brought as a noticed hearing before the Presiding Judge or designated judge, and a stipulated continuance requires the express consent of that judge.

Any request for a continuance of settlement conference, trial assignment or trial date shall be made in the form of a noticed hearing before the Presiding Judge or such other Judge as he or she may designate. No stipulation for a continuance of such dates shall be accepted without the express consent of the Presiding Judge or such other Judge as the Presiding Judge may from time to time designate.

A mandatory settlement conference continuance must be requested from the assigned judge and granted only if it will not delay trial or disrupt that judge’s calendar.

Any request for a continuance of a mandatory settlement conference shall be made to the Judge to whom the settlement conference has been assigned, and it shall be granted only if (a) the continuance would not delay the trial of the action, and (b) the continuance would not disrupt the calendar of the Judge to whom the settlement conference has been assigned.

Each litigant may obtain one continuance within 45 days of the original hearing date by making a written request stating the reasons, unless the parties stipulate; non-stipulated requests must be received at least five calendar days before the hearing, and written notice must be provided to all parties.

Adoption Continuances. The Calendar Clerk may grant continuances in the above types of proceedings as follows: (a) Each party may obtain one continuance to a date within forty-five (45) days of the original date set for hearing without the consent of the Court. Litigants requesting such continuances will have the responsibility to make such requests in writing and state their reasons. (b) Continuances may also be granted on written stipulation of the parties. The counsel or self-represented party seeking the continuance or Calendar Clerk is responsible for providing all parties to the action with written notice of continuances. (c) No request for continuance, except by stipulation, will be granted if not received in writing five (5) calendar days prior to the date set for hearing.

A party seeking a continuance or declining to proceed must notify the clerk and opposing party as soon as possible and no later than 4:30 p.m. two court days before the hearing.

In case any party intends to ask for a continuance or does not intend to proceed in any matter on the date set, that party shall so inform the Court Clerk and opposing counsel or self-represented party as soon as possible, and, in any event, no later than 4:30 p.m. of the second court day preceding hearing.

The clerk must be notified to request a continuance if the matter is to remain on the calendar.

The Clerk has been notified to request the Court for a continuance of said matter.

The extension is granted only when requested on or before the original pay or appear date.

The extension will be granted only if the request is made on or before the original pay or appear date.

Specifically devised or bequeathed property may not be encumbered or offered for sale without prior court approval on seven court days’ notice to the specific devisee or legatee.

No specifically devised or bequeathed real or personal property shall be encumbered or offered for sale unless first approved by the Court on seven (7) court days’ notice to the specific devisee or legatee.

Illness of the trial attorney or an expert witness generally supports a continuance, but substitution of another attorney or witness will be considered instead based on the timing, expected duration, case complexity, and availability of a substitute.

(2) The illness of the trial attorney or of an expert witness, except that the substitution of another attorney or witness will be considered in lieu of a continuance depending on the proximity of the illness to the date of trial, the anticipated duration of the incapacity, the complexity of the case, and the availability of a substitute attorney or expert witness.

Illness is a recognized ground for continuance when supported by a medical doctor's appropriate declaration stating the illness's nature and anticipated incapacity.

An illness (supported by an appropriate declaration of a medical doctor, stating the nature of the illness and the anticipated period of any incapacity).

Illness of another witness supports a continuance only when another witness cannot be obtained to testify to the same facts or there was no reasonable opportunity to obtain a substitute because of the illness's proximity to trial.

(3) The illness of any other witness only where it is not possible to obtain another witness to testify to the same facts or where, because of the proximity of the illness to trial, there has been no reasonable opportunity to obtain such a substitute witness.

A trial attorney’s unavailability supports a continuance only if the conflict was not reasonably foreseeable when the trial date was accepted and the court made the required finding on a motion submitted at least 30 days before trial.

(1) The unavailability of the trial attorney when he or she is engaged in the trial of another case if: (a) at the time such attorney accepted the trial date in this case the attorney could not have reasonably anticipated the conflict in trial date; and (b) the Court was informed and made a finding on motion made at least thirty (30) days before the date set for trial that the case was assigned for trial to this attorney within a particular law firm and that no other attorney in that firm was capable and available to try the case and was or could be prepared to do so.

A witness’s unavailability supports a continuance only if the witness was subpoenaed or beyond subpoena and agreed to attend, and the absence resulted from an unavoidable emergency unknown and not reasonably knowable by counsel at the time of the conference.

(2) The unavailability of a witness is only where the witness has been subpoenaed, or is beyond the reach of subpoena and has agreed to be present, and his or her absence is due to an unavoidable emergency about which counsel did not know, and could not reasonably have known, at the time of the conference.

Substitution of the trial attorney requires an affirmative showing that substitution is required in the interest of justice.

(d) Substitution of Trial Attorney. The substitution of the trial attorney only where there is an affirmative showing that the substitution is required in the interest of justice.

A continuance may be requested where a significant change in the case status resulting from a court-ordered change in parties or pleadings leaves the case unready for trial.

(e) Change in Status. A significant change in the status of the case where, because of a change in the parties or pleadings ordered by the Court, the case is not ready for trial.

A last-minute continuance is generally inappropriate because it duplicates the judge’s work and may limit other litigants’ timely access to the court.

The grant of a last-minute continuance is generally inappropriate in that it requires a duplication of effort on the part of the Judge and tends to deprive other litigants of timely access to the courts.

Law-and-motion and voluntary settlement conference matters may be continued unless the continuance would disrupt the assigned department’s calendar or tend to delay trial.

2.10.4 Law and Motion and Voluntary Settlement Conference Continuances. Continuances may be granted in law and motion and voluntary settlement conference matters unless (a) such continuance would disrupt the calendar of the department to which such matter has been assigned, or (b) such continuance would tend to delay the trial of the action.

A noticed case management conference may be continued by stipulation for no more than 15 days, or by the Court for calendar-related reasons or other good cause; the Court may impose a $20 fee when a party caused the continuance, payable before judgment or dismissal.

3.5.3 Continuances of Case Management Conference. A noticed conference may be continued by stipulation of the parties for a period not to exceed 15 days from the original date set for the hearing. The Court may continue the Case Management Conference for the convenience of the Court’s calendar, including informal coordination of related cases, consolidation of hearings on other pending motions, or other good cause. The Court may, in its discretion, impose a $20 continuance fee if the circumstance causing the continuance is caused by one or more of the parties. The fee must be paid prior to the entry of judgment or dismissal.

A party may request one extension of no more than 30 days from the pay or appear date listed on the citation or mandatory reminder notice.

A party may request from the clerk of the court one extension not to exceed 30 days from the pay or appear date listed on the citation or mandatory reminder notice.

Continuances are granted only when exceptional circumstances are shown.

Time waivers will be accepted and continuances granted only on a showing of exceptional circumstances.

Continuances or further settlement conferences are subject to the discretion of the particular Settlement Conference Judge.

2.8.8 Continuances. Continuances or further conference on a continued date may be granted or denied within the discretion of the particular Settlement Conference Judge. (Effective 7/1/08)

The court’s policy is to cooperate with counsel or self-represented parties regarding continuances of law-and-motion matters and settlement conferences to the extent possible.

2.10.3 Civil Cases, Law and Motion and Voluntary Settlement Conference Policy. It is the policy of the Court to cooperate with Counsel or self-represented party regarding continuances of law and motion matters and settlement conferences to the extent possible.