Marin Superior Court Adjournment & Extension Requirements

WARNING

The parties may stipulate to one continuance of the first Case Progress Conference, for up to 150 days, without charge.

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

WARNING

The Court may, in its discretion, allow the psychologist additional time to complete the evaluation.

In the Court’s discretion the psychologist may be given additional time to complete the evaluation.

WARNING

A sale of real property, order to show cause, or ex parte petition 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 iii. Ex Parte Petition

WARNING

For an overbid on a cooperative apartment, the court will continue the matter to obtain governing-body acceptance only at the personal representative’s request; otherwise, it will not accept the overbid.

The sale of a cooperative apartment will not be confirmed subject to the original (returned) purchaser later obtaining the acceptance of a Board of Directors or other governing body. If there is an overbid, the Court, at the request of the personal representative, will then continue the matter for the purpose of obtaining acceptance. If the personal representative does not wish to continue the matter for this purpose, the Court will not accept the overbid.

WARNING

Defendants may request an extension of time to correct mechanical violations, obtain out-of-state registration, or provide proof of a valid driver’s license.

5. Request for extension of time to correct mechanical violations or obtain out-of-state registration or to provide proof of valid driver’s license.

WARNING

Continuances must be requested and granted under W&I Code § 352 and may be granted where good cause exists and the continuance is not contrary to 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.

WARNING

For an in-custody minor, the hearing should be set within 15 court days after receipt of the evaluation report, but the time may be extended briefly 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.

WARNINGCivil cases

When there is an overbid, the Court will continue the matter to obtain acceptance if the personal representative requests it; otherwise, the Court will not accept the overbid.

If there is an overbid, the Court, at the request of the personal representative, will then continue the matter for the purpose of obtaining acceptance. If the personal representative does not wish to continue the matter for this purpose, the Court will not accept the overbid.

WARNING

If bona fide prospective buyers or their brokers were denied a reasonable inspection opportunity, or the property lacked maximum market exposure, the court will not confirm the returned sale and will continue it 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.

WARNING

A filer affected by specified transmission, vendor, service-list, or other vendor technical failures may be entitled to an extension if the filer demonstrates an attempt to file or complete service at a particular date and time; the Court may set procedures and the Clerk may determine compliance.

If electronic filing or service does not occur due to (1) error in the transmission of the document to a vendor or served party which was unknown to the sending party; (2) a vendor’s failure to process the electronic document; (3) a party’s erroneous exclusion from the service list; (4) other technical problems experienced by the vendor, then the filer affected may be entitled to an extension of time for any response or the period within which any right, duty, or other act must be performed, provided the filer demonstrates that the filer attempted to file or complete service on a particular day and time. The court may establish policies and procedures for the way in which a filer may demonstrate the filer attempted to file or complete service on a particular day and time. The Clerk of the Court, pursuant to established policies and procedures in effect at that time, may determine whether a filer has complied with established policy and procedure entitling filer to an extension of time.

WARNING

An extension request due to technical filing problems may be made by ex parte motion to the assigned judge or, if no judge is assigned, the relevant division's Supervising Judge, unless court procedures provide otherwise.

In the event a filer is temporarily unable to electronically file due to technical problems, the filer should follow procedures set forth by the court. The court may establish policies and procedures for filers to follow when requesting an extension of time due to technical problems. Otherwise, such requests may be made by ex parte motion, addressed to the judge to whom the case is assigned for all purposes, or, if the case has not been assigned, to the Supervising Judge of the relevant division.

WARNING

The clerk may grant up to a 120-day extension for other programs and classes, but not beyond probation termination, and may not extend the deadline for a 52-week batterer’s intervention program.

3. 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. 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.

WARNING

A filer affected by specified unknown transmission errors, vendor processing failures, service-list errors, or vendor technical problems may receive an extension if the filer demonstrates an attempt to file or serve at a particular date and time; court procedures and Clerk review may apply.

If electronic filing or service does not occur due to (1) error in the transmission of the document to a vendor or served party which was unknown to the sending party; (2) a vendor’s failure to process the electronic document; (3) a party’s erroneous exclusion from the service list; (4) other technical problems experienced by the vendor, then the filer affected may be entitled to an extension of time for any response or the period within which any right, duty, or other act must be performed, provided the filer demonstrates that the filer attempted to file or complete service on a particular day and time. The court may establish policies and procedures for the way in which a filer may demonstrate the filer attempted to file or complete service on a particular day and time. The Clerk of the Court, pursuant to established policies and procedures in effect at that time, may determine whether a filer has complied with established policy and procedure entitling filer to an extension of time.

WARNING

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

5. 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.

WARNING

The clerk may grant up to a 120-day extension to complete DDP or DWI school, but the new deadline cannot be later than probation termination.

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

WARNINGCivil cases

If an overbidder is present and the estate’s attorney is absent, the hearing will be continued unless the fiduciary is present and requests that the sale proceed without the attorney.

If someone is present who wishes to overbid and the estate's attorney is absent, the hearing will be continued, except where the fiduciary is present and requests that the sale proceed without the attorney.

WARNING

A filer unable to e-file because of technical problems should follow court procedures; absent established procedures, an extension request may be made by ex parte motion to the assigned judge or, if unassigned, the Supervising Judge, and the Clerk may determine compliance with applicable procedures.

In the event a filer is temporarily unable to electronically file due to technical problems, the filer should follow procedures set forth by the court. The court may establish policies and procedures for filers to follow when requesting an extension of time due to technical problems. Otherwise, such requests may be made by ex parte motion, addressed to the judge to whom the case is assigned for all purposes, or, if the case has not been assigned, to the Supervising Judge of the relevant division. The Clerk of the Court, pursuant to established policies and procedures in effect at any time, may determine whether a filer has complied with established policy and procedures entitling the filer to an extension of time.

WARNING

A reasonable continuance is considered supported by good cause when an attorney needs more time to prepare for trial or obtain an expert second opinion.

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.

WARNING

If an overbidder is present and the estate’s attorney is absent, the hearing will be continued unless the fiduciary is present and asks to proceed without the attorney.

If someone is present who wishes to overbid and the estate's attorney is absent, the hearing will be continued, except where the fiduciary is present and requests that the sale proceed without the attorney.

WARNING

The court may continue the case for progress review hearings with the parties’ consent until the matter is resolved or cannot be addressed through juvenile court intervention.

The court may, with the consent of the parties, conduct progress review hearings and continue the case until the court is satisfied that the situation that brought the minor to the attention of the juvenile court has been addressed, or that the matter cannot be addressed by the juvenile court intervention.

WARNING

A defendant may request an extension of time to pay or to complete community service work or traffic violator school.

c. Extend time to pay or complete community service work or traffic violator school.

INFOCriminal cases

A defendant may request an extension to correct mechanical violations, obtain out-of-state registration, or provide proof of a valid driver’s license.

5. Request for extension of time to correct mechanical violations or obtain out-of-state registration or to provide proof of valid driver’s license.

INFO

When an interested party appears to contest a petition without written opposition, the court may hear the objections at the hearing or continue the matter to permit written objections.

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.

INFOCriminal cases

A defendant unable to pay a fine may request an extension to pay by submitting an Ability of Pay petition through the Court’s website or Form TR-320.

Defendants who are unable to pay their fine may request a fine reduction, payment plan, extension of time to pay, or community service in lieu of fine payment by submitting an Ability of Pay petition using the court’s website: Ability To Pay (ca.gov), or submitting the Can’t Afford to Pay Fine: Traffic and Other Infractions (Form TR-320)

INFOCriminal cases

A defendant may request an extension to pay or to complete community service work or traffic violator school.

c. Extend time to pay or complete community service work or traffic violator school.