Riverside Superior Court Adjournment & Extension Requirements

Plaintiffs and cross-complainants may grant extensions of time to respond of at most 15 days; open extensions are prohibited.

California Rules of Court, rule 3.110(d), limits the authority of plaintiffs and cross-complainants to grant extensions of time in which to file responsive pleadings to a maximum of 15 days. The Court expects counsel to comply with this rule. “Open extensions” to respond are not permitted.

The case being unready on the TSC date is not good cause to continue the TSC; readiness should be assessed five to six months out.

That a case is not ready for trial as of the date of the TSC is not good cause for the continuance of the TSC. The relevant consideration is whether the case can be ready for trial five to six months in the future.

Requests to continue a hearing, CMC, TSC, or status statement must be supported by a declaration/stipulation and be accompanied by a proposed order.

Any request to continue a hearing, or shall continue a CMC, a TSC, or a status conference should be supported by a declaration or stipulation establishing the facts that demonstrate good cause for that relief, and accompanied by a proposed order.

Trial dates are firm; requests to continue trial will be closely scrutinized and are likely to fail.

To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as firm. Trial dates are not firm and certain if they are easily continued. Therefore, counsel should expect any effort to continue a trial to be closely scrutinized and likely to fail.

Under CCP 595.2, the Court will grant a stipulated continuance without good cause only if the trial is within 18 months of filing, has never been continued, considers no more than 28 days, and the stipulation/proposed order is submitted at least five court days in advance.

Code of Civil Procedure section 595.2 authorizes the Court to grant stipulated continuances of up to 30 days without a showing of good cause. However, that section has been held to the Court will continue the trial pursuant to that section—and thus without a showing of good cause—only under the following conditions: the current trial date is no more than 18 months after the filing date of the complaint; the trial date has not previously been continued for any reason; the requested continuance is for no more than 28 days; and a written stipulation by all parties and a proposed order has been submitted at least five court days in advance of the trial date.

Trial continuances other than permitted stipulated continuations require an affirmative factual showing of good cause for both the continuance and its length; stipulation, agreement, and settlement intentions are not good cause.

With the exception of continuances that are granted pursuant to paragraph 2, above, no trial may be continued absent an affirmative showing of the facts that demonstrate good cause for a continuance. Good cause should be shown both for a continuance and a continuance of the length requested. A stipulation of good cause does not constitute of another factual showing. The fact that the parties agree to a continuance does not constitute good cause. A desire to mediate or engage in settlement negotiations does not constitute good cause. Once the trial date has been set, counsel should be preparing for trial at the same time that counsel continue their efforts to settle the case.

Continuance requests must show good cause based on sufficient supporting facts; stipulation alone or a bare 'conflict' statement does not establish good cause.

All requests continuations, whether stipulated or not, require a showing of good cause. The fact that the parties or counsel stipulate does not constitute good cause. Good cause is a finding by the Court based on facts presented, by stipulation or otherwise. The Court expects requests for continuances to include sufficient facts justifying the request such that the Court can determine if good cause exists. As an example, a statement that counsel has “a conflict” is not sufficient to establish good cause. The Court will need additional information, such as what the conflict is, when it was discovered and why the conflict is more important than the appearance in Department F501.

Trial continuance requests must be by regular noticed motion after showing good cause; ex parte applications by a party may be heard only for cases of emergency hearing, Monday-Friday 8:30 am, no requests will be considered on the day of trial; moving counsel must appear in person, and unilateral requests will only be considered with agreement of the other side.

Requests to continue trial should be by noticed motion. Stipulations will only be considered if good cause is established in the stipulation. If exigent circumstances exist, requests can be made by ex parte application that must scheduling. The trial-related stipulations of ex parte applications will be heard Monday through Friday at 8:30 am. No contractual requests for trial continuances will be considered on the day of trial. Moving counsel must appear in person. All other counsel may appear remotely. A unilateral request for trial continuance will not be considered.

A party must keep a backup witness in the courthouse and ready to testify at each trial, and no recess or continuance for lack of an available witness will be granted unless the moving party provides proof of service of a subpoena or notice to appear.

Counsel should schedule and have available more witnesses than they believe will be necessary each day of trial. Parties shall at all times have at least one witness, in addition to the witness testifying, in the courthouse and ready to testify. No recess or continuance will be granted for lack of an available witness absent proof of service of a subpoena or notice to appear.

Requests to continue trial must be made by noticed motion; ex parte only with exigent circumstances; continuances are disfavored and require a specific showing of good cause; stipulations must conform to CCP 595.2 and the court cannot accommodate postponements over the 30-day limit.

Requests to continue trial shall be made by noticed motion. Ex parte applications are only considered if supported by exigent circumstances. Trial dates are “firm” and continuances are “disfavored,” so any motion should be specific in stating circumstances demonstrating good cause for a continuance. (Rules of Court, rule 3.1332.) Stipulations to continue trial should conform to Code of Civil Procedure section 595.2. The Court will not be able to accommodate postponements where the requested trial date(s) are unavailable or are over the 30-day limit permitted by Code of Civil Procedure Section 595.2.

Trial continuance requests must comply with CRC §3.1332(b), normally by noticed motion or ex parte in exigent circumstances, and will not be considered on the trial setting conference or day of trial.

Requests to continue trial must comply with California Rule of Court §3.1332(b); only by noticed motion or if exigent circumstances exist, requests can be made by ex parte application. All trial related ex parte applications will be heard Monday through Friday at 8:30 am. No requests for trial continuances will be considered on the trial setting conference hearing or the day of trial.

Trial continuances require a noticed motion; ex parte requests require exigent circumstances; day-of-trial requests require extraordinary circumstances.

Trial continuances require a noticed motion. Ex parte requests require exigent circumstances. Day-of-trial requests require extraordinary circumstances.

A somewhat trail the trial may be held to the trailing period of more than two weeks; if it cannot be heard, the court will discuss extension or a continuance.

If the Court is already engaged in a trial on the date your trial is called, the Court may trail your matter until it has completed the earlier trial. Generally, this Department does not trail matters for more than two weeks. If your trial cannot be heard within the trailing period, the Court will discuss with counsel/parties in each case whether the trailing period should be extended or an adjourned or whether the trial should be continued.

Counsel must observe the limitations on trial continuances under California Rules of Court rule 3.1332.

The Court needs counsel to observe the limitations under California Rules of Court, rule 3.1332, regarding continuances of trials.

Extensions to respond must not set a response date less than 15 days before a scheduled CMC.

No plaintiff or cross-complainant should extend time for the filing of responsive pleadings to any date less than 15 days before a scheduled CMC.

The Court intends to hold one TSC per case; counsel should expect a trial date to be set at the TSC rather than continued.

The Court intends to hold only one TSC per case. Counsel should assume that a trial date will be set at the TSC rather than the TSC being continued.

A desire to file a pretrial motion such as summary judgment is not, by itself, good cause to continue a TSC or set a trial date more than six months away.

By itself, the desire to file a particular motion, such as a motion for summary judgment, prior to trial will generally not be considered to constitute good cause for either continuing a TSC or setting a trial date more than six months in the future.

A desire to engage in private mediation before trial is not, good, good cause to continue a TSC or set a trial date more than six months away.

By itself, the desire to engage in private mediation prior to trial will generally not be considered to constitute good cause for either continuing a TSC or setting a trial date more than six months in the future.

Failure to complete discovery or trial preparation is a good cause for a continuance only if the party was reasonably diligent.

The failure to complete discovery or other trial preparation is good cause for a continuance only if a party has been reasonably diligent in attempting to prepare for trial.

Requests for a second call or later appearance require good cause and actual communication with opposing counsel (telephone conversation or email/text response), and must be requested at check-in by 9:00 a.m.; leaving a voicemail does not count.

The Court will not accept a request for “second call” or a later appearance without good cause and the courtesy of communication with opposing counsel or opposing party. In this context, “communication” requires either a phone conversation or a response to an email or text. Simply leaving a message for opposing counsel is not sufficient. A party requesting second call must check in by 9:00 A.M. and request that second call at check-in.

If principal trial counsel is engaged in another trial, the trial will be trailed until counsel becomes available or continued, in the Court's discretion.

If the principal trial counsel is engaged in trial on another matter, the trial of the present case will be either (a) trailed until counsel becomes available or (b) continued, in the Court's discretion.