Mariposa Superior Court Adjournment & Extension Requirements

CRITICALCivil cases

If the parties file an Unconditional Notice of Settlement at least five Court days before the CMC, the Court automatically continues the CMC without requiring the parties to appear, to a date after the 45-day dismissal period.

However, where the parties, at least five (5) Court days before a scheduled CMC, file an Unconditional Notice of Settlement pursuant to Cal. Rules of Court, Rule 3.1385 requiring dismissal of the entire action within 45 days, the Court will automatically continue the CMC on its own motion, without the need for the parties to appear, to a date after the 45-day period.

CRITICAL

A criminal trial may not be continued, even by party stipulation, except pursuant to Penal Code section 1050.

No criminal trial will be continued, even by stipulation of the parties, except pursuant to Penal Code section 1050.

CRITICALCivil cases

A CMC cannot be rescheduled on one party’s written or telephonic request; parties seeking rescheduling must file and serve an all-party stipulation and appear ex parte, or file a fully noticed motion.

In no case will a CMC be rescheduled based on the written or telephonic request from a single party. PARTIES ARE NOT TO MAKE SUCH EX PARTE REQUESTS. Parties desiring to reschedule a CMC, notwithstanding the above, are to either: 1) File and serve a stipulation executed by all parties and appear ex parte in the trial Court; or 2) File a fully-noticed motion with the trial Court requesting the CMC be rescheduled.

CRITICALCivil cases

If the parties file anything other than the specified Unconditional Notice of Settlement to indicate settlement, they must appear at any previously scheduled CMC.

Any other filing indicating settlement requires the appearance of the parties at any previously scheduled CMC.

CRITICAL

Time waivers and continuances are allowed only upon a showing of exceptional circumstances.

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

WARNINGCivil cases

A continued CMC will be ordered until the entire action is dismissed or final judgment is entered as to all parties, including Doe Defendants.

A continued CMC will be ordered up and until a matter is finally disposed of by dismissal of the entire action or by entry of final judgment as to all parties (including Doe Defendants).

WARNINGCivil cases

Rescheduling a CMC is generally disfavored and requires proper notice and/or stipulation.

Rescheduling a CMC is generally disfavored because:  Parties and counsel may conveniently appear telephonically and make any needed requests at that time;  A continued CMC is generally scheduled with the parties and counsel's availability in mind; and  Rescheduling a CMC may benefit one party, but can be detrimental to other parties, and therefore requires proper notice and/or stipulation.

WARNINGCivil cases

The case may be continued for 120 days, usually through two 30-day CMC continuances; after that, an extraordinary continuance requires a Judge’s approval, or an OSC will issue 60 days from the CMC date.

The case can be continued for 120 days, usually by granting (2) 30-day continuances of the CMC. After the 120 days are exhausted, unless a Judge approves an extraordinary continuance, then an OSC will be issued 60 days from the date of the CMC, and reasons for the OSC stated.

WARNINGCivil cases

Reporting a settlement alone does not take a CMC off calendar.

The mere reporting of a settlement is not sufficient to take a CMC off calendar.

WARNINGCivil cases

If an Uninsured Motorist case is identified at the CMC, a continuance should place the next CMC at the 10-month mark after filing, unless the case is already 10 months old.

If we are informed at the CMC that this is an Uninsured Motorist case, then a continuance should be granted so that the next CMC takes place at the 10-month mark after the filing of the case. If the case is already 10 months old when the Uninsured Motorist declaration is made, then it should receive no special continuance.