Marin Superior Court Adjournment & Extension Requirements

CRITICAL

In a contested matter, a continuance request before the hearing must be made at least three court days beforehand by stipulated motion and proposed order signed by all appearing parties, with the petitioner and appearing parties stipulating and all parties entitled to notice receiving notice.

Any request for a continuance before the time of the hearing must be made: i. At least three (3) court days prior to hearing; ii. By a stipulated motion and proposed order signed by all parties who have appeared in the matter. iii. Petitioner and all parties who have made an appearance in the case must stipulate to the continuance. iv. All parties entitled to notice of the underlying petition must receive notice.

CRITICAL

Once an evidentiary hearing or trial is scheduled, the matter cannot be continued by stipulation; a noticed motion with notice to all interested parties entitled to notice is required.

Once a matter has been scheduled for an evidentiary hearing/trial, it cannot be continued by stipulation. These requests must be made by filing a noticed motion with notice to all interested parties entitled to notice of the underlying petition.

CRITICAL

The Court and deputy clerks will not grant a request to reset a contested court trial within ten calendar days of its scheduled date.

1. For reset of contested court trial within ten (10) calendar days of the scheduled court hearing date.

CRITICALCriminal cases

The Court and clerks will not grant a further extension after an initial 30-day extension to pay or provide the specified proof.

6. To grant subsequent extension, following an initial 30-day extension, of time to pay or to provide proof of completion of community service work or traffic violator school or to provide proof of correction of correctable offense(s).

CRITICAL

The Court and deputy clerks will not grant a request to reset a second or subsequent court-trial date.

2. For reset of second or subsequent date for court trial.

CRITICAL

Continuances must be requested and granted under W&I Code § 352 and may be granted for good cause when consistent with the child’s welfare.

F. Continuances shall be requested and granted in accordance with W&I Code § 352. The Court recognizes that practical realities sometimes require continuances and may be granted where good cause exists, and the continuance is not contrary to the child’s welfare.

CRITICALCriminal cases

A CSW completion extension may be up to 60 days, must be requested on or before the original due date, and must set a new due date before probation ends.

Up to a 60-day extension of time to complete CSW, if request is made on or before the original due date of the CSW and the new due date is before the termination of probation.

CRITICAL

A continuance of a law and motion matter requires a stipulation signed by all parties filed at least five court days before the hearing; a later request requires a written court order.

Requests to continue law and motion matters shall be granted upon filing of a stipulation signed by all parties no later than five (5) court days prior to a hearing. Requests to continue law and motion matters filed fewer than five (5) court days prior to a hearing will not be granted without written order of the Court.

CRITICALCivil cases

A settlement conference cannot be continued by stipulation; any continuance request must be filed at least ten court days before the scheduled hearing, and all parties must appear on the date set by the Probate Judge to hear the request.

Matters scheduled for a settlement conference cannot be continued by stipulation. All continuance requests (whether stipulated to or not) must be filed at least ten (10) court days prior to the scheduled hearing date. Once filed, a date to hear the continuance request will be set by the Probate Judge. All parties must appear.

CRITICAL

For a contested court trial, each side is entitled to one trial-date continuance if the Traffic Division receives the request at least 10 calendar days before trial.

When a case has been set for a contested court trial, each side shall be entitled to one continuance of the trial date provided the request is received by the Traffic Division not fewer than ten (10) calendar days prior to the assigned date of trial.

CRITICALCivil cases

A party may seek a small-claims hearing continuance by written request for good cause; the Court generally must receive it at least ten calendar days before the hearing, but may consider a later request for good cause.

Any party may submit a written request to postpone a hearing for good cause. The Court will only consider requests to continue small claims proceedings if the Court receives the request in writing at least ten (10) calendar days before the hearing date, unless the Court determines that the requesting party has good cause to file the request at a later date.

CRITICAL

To qualify for clerk review, modification requests must be made on or before the court-ordered due date.

Defendants or their counsel must make requests for modifications timely, meaning on or before the court ordered due date, in order to be eligible for review in the Clerk’s Office.

CRITICALCriminal cases

The Court and clerks will not grant a request to reset a contested court trial within 10 calendar days of the scheduled hearing.

1. For reset of contested court trial within ten (10) calendar days of the scheduled court hearing date.

CRITICAL

Settlement conferences and trials may be continued only by court order and upon a showing of good cause.

Settlement conferences and trials may be continued only by order of the Court upon a showing of good cause.

CRITICALCriminal cases

A fine-payment extension may be up to 60 days, must be requested on or before the original due date, and must set a new due date before probation ends.

Up to a 60-day extension of time to pay fine if request is made on or before the original due date of the fine and the new due date is before the termination of probation.

CRITICALCivil cases

Any request for a continuance before the time of the hearing must be made: i. By noticed motion with notice to all interested parties entitled to notice of the underlying petition; ii. At least three (3) court days prior to hearing; and iii. With the permission of petitioner, if self-represented, or by petitioner’s counsel.

Any request for a continuance before the time of the hearing must be made: i. By noticed motion with notice to all interested parties entitled to notice of the underlying petition; ii. At least three (3) court days prior to hearing; and iii. With the permission of petitioner, if self-represented, or by petitioner’s counsel.

CRITICAL

After service, up to three continuances may be obtained by agreement through the Clerk’s Office by 4:00 p.m. three court days before the hearing, with the fee paid; additional continuances or requests within that period require a court order on good cause.

After service, three continuances, by agreement, may be obtained through the Clerk’s Office no later than 4:00 p.m., three (3) court days before the hearing date, and paying the continuance fee, regardless of whether a response has been filed. A Stipulation and Order must be sent by the party requesting the continuance to the Clerk with a copy to the opposing party. Additional continuances, or continuances within three (3) court days of the hearing date, may not be by stipulation but only by order of the Court upon a showing of good cause.

CRITICALCriminal cases

The Court and clerks will not grant a request to reset a second or subsequent court-trial date.

2. For reset of second or subsequent date for court trial.

CRITICALCriminal cases

On or before the date set or required, the Clerk’s Office may grant a defendant one extension of up to 30 calendar days, except for a trial-date continuance.

Except for continuance of a trial date, on or before the date set or required in any matter, the Clerk’s Office shall have the authority to grant the defendant one extension of not more than thirty (30) calendar days.

CRITICALCivil cases

A continuance requires a stipulation signed by all parties filed at least five court days before the hearing; a later request requires a written court order.

Requests to continue law and motion matters shall be granted upon filing of a stipulation signed by all parties no later than five (5) court days prior to a hearing. Requests to continue law and motion matters filed fewer than five (5) court days prior to a hearing will not be granted without written order of the Court.

CRITICAL

A request to extend a jail remand or surrender date must be submitted at least 10 calendar days before the court-ordered surrender date.

1. Requests to extend jail remand/surrender to a later date. These must be submitted no later than ten (10) calendar days prior to the court ordered surrender date,

CRITICAL

The Court and deputy clerks will not grant a subsequent extension of time to pay or provide the specified proof after an initial 30-day extension.

6. To grant subsequent extension, following an initial 30-day extension, of time to pay or to provide proof of completion of community service work or traffic violator school or to provide proof of correction of correctable offense(s).

CRITICAL

Additional continuances and continuances sought within three court days of the hearing require a court order based on good cause, not a stipulation.

Additional continuances, or continuances within three (3) court days of the hearing date, may not be by stipulation but only by order of the Court upon a showing of good cause.

CRITICALCivil cases

A sale of real property or an Order to Show Cause will be continued only upon a properly noticed appearance.

The court will continue the following matters only upon a properly noticed appearance: i. Sale of Real Property ii. Order to Show Cause

CRITICALCriminal cases

The Court and clerks will not grant a further extension after a judicial officer has granted an extension to pay or provide the specified proof.

7. To grant subsequent extension, following an extension granted by a judicial officer, of time to pay or to provide proof of completion of community service work or traffic violator school or to provide proof of correction of correctable offense(s).

CRITICALCivil cases

A continuance requested before the hearing must be requested at least three court days beforehand, by a stipulated motion and proposed order signed by all appearing parties, with the petitioner and appearing parties stipulating and notice provided to all parties entitled to notice.

Any request for a continuance before the time of the hearing must be made: i. At least three (3) court days prior to hearing; ii. By a stipulated motion and proposed order signed by all parties who have appeared in the matter. iii. Petitioner and all parties who have made an appearance in the case must stipulate to the continuance. iv. All parties entitled to notice of the underlying petition must receive notice.

CRITICALCivil cases

Once an evidentiary hearing or trial is scheduled, a continuance cannot be made by stipulation; the request must be made by noticed motion with notice to all interested parties entitled to notice of the petition.

Once a matter has been scheduled for an evidentiary hearing/trial, it cannot be continued by stipulation. These requests must be made by filing a noticed motion with notice to all interested parties entitled to notice of the underlying petition.

CRITICAL

A continuance request in an uncontested matter must be made by noticed motion, with notice to all interested parties, at least three court days before the hearing, and with petitioner’s permission if self-represented or by petitioner’s counsel.

Any request for a continuance before the time of the hearing must be made: i. By noticed motion with notice to all interested parties entitled to notice of the underlying petition; ii. At least three (3) court days prior to hearing; and iii. With the permission of petitioner, if self-represented, or by petitioner’s counsel.

CRITICAL

For an in-custody minor, the competency hearing should be set within 15 court days of the report, with a short extension for good cause to accommodate expert availability or additional evaluations.

If the minor is in custody, a Competency Hearing should be set within 15 court days from the Receipt of Competency Evaluation Report, unless there is good cause to extend the time for a short period to accommodate the availability of expert witnesses or to allow for completion of additional evaluations.

CRITICAL

The Court and deputy clerks will not grant a subsequent extension of time to pay or provide the specified proof after an extension granted by a judicial officer.

7. To grant subsequent extension, following an extension granted by a judicial officer, of time to pay or to provide proof of completion of community service work or traffic violator school or to provide proof of correction of correctable offense(s).

CRITICAL

After service, up to three continuances may be obtained by agreement through the Clerk’s Office by 4:00 p.m. three court days before the hearing, upon payment of the fee, whether or not a response has been filed.

After service, three continuances, by agreement, may be obtained through the Clerk’s Office no later than 4:00 p.m., three (3) court days before the hearing date, and paying the continuance fee, regardless of whether a response has been filed.

CRITICAL

Except for continuances of trial dates, the Clerk’s Office may grant a defendant one extension of up to 30 calendar days if the request is made on or before the date set or required.

Except for continuance of a trial date, on or before the date set or required in any matter, the Clerk’s Office shall have the authority to grant the defendant one extension of not more than thirty (30) calendar days.

CRITICALCriminal cases

A request to extend a jail remand or surrender date must be submitted at least 10 calendar days before the court-ordered surrender date or it will be automatically denied as untimely.

Requests to extend jail remand/surrender to a later date. These must be submitted no later than ten (10) calendar days prior to the court ordered surrender date, or they will be automatically denied as not timely.

CRITICAL

A party may request a small-claims hearing continuance in writing for good cause; the Court must receive the request at least 10 calendar days before the hearing unless it finds good cause for a later request.

Any party may submit a written request to postpone a hearing for good cause. The Court will only consider requests to continue small claims proceedings if the Court receives the request in writing at least ten (10) calendar days before the hearing date, unless the Court determines that the requesting party has good cause to file the request at a later date.

CRITICAL

A settlement-conference matter cannot be continued by stipulation alone; any continuance request must be filed at least 10 court days before the hearing, and all parties must appear when the Probate Judge sets a hearing on the request.

Matters scheduled for a settlement conference cannot be continued by stipulation. All continuance requests (whether stipulated to or not) must be filed at least ten (10) court days prior to the scheduled hearing date. Once filed, a date to hear the continuance request will be set by the Probate Judge. All parties must appear.

CRITICALCriminal cases

The clerk may not grant an extension to complete the required 52-week batterer’s intervention program.

The clerk may not grant an extension of time to complete a 52-week batterer’s intervention program, as required by Penal Code § 1203.097.

CRITICAL

Settlement conferences and trials may be continued only by court order upon a showing of good cause.

D. Continuances. Settlement conferences and trials may be continued only by order of the Court upon a showing of good cause.

CRITICALCriminal cases

For a contested court trial, each side is entitled to one trial-date continuance if the Traffic Division receives the request at least 10 calendar days before trial.

When a case has been set for a contested court trial, each side shall be entitled to one continuance of the trial date provided the request is received by the Traffic Division not fewer than ten (10) calendar days prior to the assigned date of trial.

WARNING

Good cause for a reasonable continuance exists when an attorney needs more time to prepare for trial or obtain a second-opinion expert.

De facto good cause would exist for a reasonable continuance if an attorney needs further time to prepare for trial, or to secure his/her own expert to render a second opinion.

WARNINGCivil cases

If oral objections are made at a hearing, the Court may continue the matter so the objections can be submitted in writing.

If oral objections are made at a hearing, the Court may continue the matter in order to have the objections submitted in writing.

WARNINGCriminal cases

The Court intends to strictly enforce Penal Code § 1050 when ruling on a motion to continue a misdemeanor or felony trial.

It is the intent of the Court to strictly enforce the provision of Penal Code § 1050 when ruling on any motion made to continue a misdemeanor or felony trial.

WARNINGCivil cases

If publication is correct but mailing is defective, the hearing normally will be continued long enough to allow a new mailing.

If the publication is correct but the mailing defective, the hearing normally will be continued to allow enough time for the required new mailing.

WARNINGCriminal cases

An extension of up to 120 days to complete other programs and classes may not extend beyond the termination of probation.

Up to a 120-day extension of time to complete other programs and classes (e.g. anger management, theft awareness, Alcoholics Anonymous, parenting, drug education, etc.) not later than the termination date of probation.

WARNING

The Court intends to strictly enforce Penal Code § 1050 when ruling on motions to continue misdemeanor or felony trials.

It is the intent of the Court to strictly enforce the provision of Penal Code § 1050 when ruling on any motion made to continue a misdemeanor or felony trial.

WARNING

The parties may take one stipulated continuance of the first Case Progress Conference for up to 150 days, at no charge.

The Court allows the parties one stipulated continuance of the first Case Progress Conference up to 150 days at no charge.

WARNINGCivil cases

When an interested party contests a petition in court without written opposition, the Court may hear the objections then or continue the matter to allow written objections to be filed.

Pursuant to Probate Code § 1043, if an interested party appears in court to contest a petition without submitting written opposition, the Court may (in the interests of justice and efficiency) either hear the objections/opposition at the time of the hearing or continue the matter to allow the interested party to file written objections.

WARNING

The clerk may grant up to a 60-day extension to pay a fine if the request is made by the original due date and the new due date is before probation termination.

7. Up to a 60-day extension of time to pay fine if request is made on or before the original due date of the fine and the new due date is before the termination of probation.

WARNINGCivil cases

If the Court learns that prospective buyers were denied a reasonable inspection opportunity or the property lacked maximum market exposure, the sale will not be confirmed and will be continued for inspection and further exposure.

Whenever it is brought to the attention of the Court that the fiduciary has denied bona fide prospective buyers or their brokers a reasonable opportunity to inspect the property, or the property has not had maximum market exposure, the returned sale will not be confirmed, and the sale will be continued, to allow inspection and further exposure to the market.

WARNINGCriminal cases

An extension of up to 120 days to complete DDP or DWI school may not extend beyond the termination of probation.

Up to a 120-day extension of time to complete DDP or DWI school but not later than the termination date of probation.

WARNING

If the required notice is not shown as served, the Court may continue the hearing on its own motion or at the request of a party aggrieved by the noncompliance.

The moving party’s proof of service shall indicate that this notice has been served or the hearing may be continued on the Court’s own motion or on request of the party aggrieved by the non-compliance.