Monterey Superior Court Adjournment & Extension Requirements

Requests to shorten time should be based on hardship or emergency, must include a written good-cause declaration, and ordinarily require notice to opposing counsel within 24 hours unless good cause excuses notice.

2. Orders Shortening Time. Orders shortening time should not be requested unless there is a hardship or emergency requiring prompt action. All requests must be accompanied by a written declaration establishing good cause. Notice of the request must be given to opposing counsel, if any, within twenty-four (24) hours, except for good cause. A declaration must be submitted stating the fact of notice or good cause for its absence.

A continuance requires court authorization, must be requested using Local form CI-105 rather than by telephone or letter, and should be filed no later than five court days before the hearing.

Matters may not be continued by the petitioning party or by stipulation of counsel without authorization from the court. The court will not accept telephone or letter requests to continue the matter. All requests for continuance shall use Local form CI-105, Request for Continuance of Hearing & Order. All requests should be filed with the court no later than five (5) court days prior to the hearing.

Parties are excused from the initial case management conference only upon receiving a signed order granting the request; otherwise, they must attend.

Receipt of a signed copy of the request to vacate or continue initial case management conference and order granting the request is necessary for parties to be excused from the case management conference; if parties do not receive a signed copy of the order granting the request, they must attend the initial case management conference.

All requests to continue a trial date, whether contested or uncontested, must comply with California Rules of Court rule 3.1332 and will be allowed only for good cause.

All requests for continuances of trial dates, whether contested or uncontested, must comply with California Rules of Court, rule 3.1332 and shall only be allowed for good cause.

The parties may stipulate to continue a law and motion matter for a reasonable time for good cause, but must notify the clerk’s office at least two court days before the hearing.

A. The parties may, with good cause, stipulate to continue a law and motion matter for a reasonable amount of time. The clerk’s office must be notified of such stipulations at least two court days prior to the scheduled hearing.

A stipulated-continuance request must be submitted to the hearing judge, state good cause, describe any previous stipulated continuances, and report opposing counsel’s position; failure to appear may result in removal from the calendar.

B. All requests for stipulated continuances of law and motion matters must be made to the judge scheduled to hear the matter. The request must indicate good cause for the continuance, describe the basis for previous stipulated continuances, if any, and state the position of opposing counsel regarding the continuance. Failure to appear at the date and time set for hearing, may result in the matter being dropped from the calendar.

The parties may stipulate once, with good cause, to a reasonable continuance; subsequent requests require the assigned judge's approval and all requests must be submitted at least 48 hours before the hearing with specified information.

2. Continuances: The parties may, with good cause, stipulate once to a continuance for a reasonable amount of time. Any subsequent requests for continuances are subject to approval by the assigned Family Court Judge. All requests must be submitted at least a full 48 hours prior to the date of hearing. The request must indicate good cause for the continuance and state the position of the opposing party regarding the continuance as well as the requested date.

A continuance for a specially set hearing will be granted only upon a showing of exceptional good cause.

Continuances will not be granted except upon exceptional good cause.

At the criminal jury-trial readiness calendar, pending procedural motions must be presented, and after a trial date is confirmed, no further pleading amendments or continuances will be granted absent good cause.

Upon the calling of such readiness calendar, all motions for continuance, waiver of jury, change of plea, reductions, or other procedural matters shall be presented. In the event the case is not disposed of at the trial readiness conference and a trial date is confirmed, all offers on either side will be deemed withdrawn and the case will be tried on all counts. No further amendments to pleadings or continuances will be granted except for good cause shown.

A criminal-case continuance will not be granted solely because all parties agree to it.

No continuance will be granted solely because all parties agree thereto.

Every motion to continue a criminal proceeding must comply with Penal Code section 1050.

Any motion to continue in a criminal proceeding must comply with Penal Code section 1050.

The court may enter an order continuing the hearing and directing Program participation any time through the date of the motion hearing.

Such an order may be entered at any time up to and including the date set for the hearing on the motion.

If the accounting cannot be filed at least 45 days before the hearing, the conservator should request a continuance using Local form CI-105.

If a conservator is unable to file the accounting at least 45 days prior to the hearing date, a request for continuance of the hearing should be submitted using Local form CI-105, Request for Continuance of Hearing & Order.

A sale confirmation will be continued only in exceptional circumstances, and any continuance motion must be made in open court.

Sale confirmations will be continued only under the most exceptional circumstances. A motion for continuance must be made in open court.

Parties may request vacatur or continuance of the initial case management conference by filing the request and order concurrently with the case management statement.

The parties may request that the initial case management conference be vacated or continued by filing a request to vacate or continue initial case management conference and order concurrently with the case management statement.

Before dismissal for untimely proof of service, an unlawful-detainer plaintiff may request an extension to accomplish service, which may be granted upon a showing of good cause.

Prior to dismissal, the plaintiff may request an extension of time to achieve service, which may be granted for good cause shown.

Mediation may be rescheduled for a compelling reason only if the Family Court Services Office receives notice at least five calendar days before the appointment and no hearing date is continued.

3. Rescheduling: Rescheduling of a mediation appointment is discouraged. However, if there is a compelling reason, an appointment may be rescheduled if the parties contact the Family Court Services Office at least five (5) calendar days before the appointment date and rescheduling will not result in a hearing date being continued.

Parties seeking to cancel mediation because the dispute settled or for mutual good cause must give the mediation service at least five calendar days' notice to avoid possible sanctions.

4. Cancellation: If the parties wish to cancel a mediation appointment because the dispute has been settled or if both sides agree to cancel the mediation for good reason, at least five (5) calendar days’ notice must be given to the mediation service to avoid the possibility of sanctions.

For traffic and nontraffic infraction matters, the clerk or designee may grant one 60-day extension upon written or verbal request.

Upon written or verbal request for an extension of time to take care of an infraction traffic or infraction non-traffic matter, the clerk of the court or designee is authorized to grant a one (1) time sixty (60) day extension from the original pay or appear date (appearance date on citation).