San Benito Superior Court Adjournment & Extension Requirements

CRITICALProposed or draft document; may not be in force

Other stipulated continuance requests must be made to the scheduled judge with the parties present and must state good cause and describe the bases for any previous continuances.

The parties must make all other requests for stipulated continuances of law and motion matters to the judge scheduled to hear the matter with parties in attendance. The request must indicate good cause for the continuance and describe the bases for previous continuances, if any.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

An initial stipulated continuance requires a stipulation signed by all parties and a declaration stating the reason; the clerk must receive the request no later than the court day before the CMC, and the stipulation must propose a rescheduled CMC date no later than 30 calendar days after the initial date.

By Stipulation: Parties requesting an initial continuance must submit a stipulation signed by all parties and a declaration stating the reason for the request. The clerk must receive this request as soon as possible, but no later than the court day before the scheduled CMC. The stipulation must include the date of the rescheduled CMC, which should be no later than thirty (30) calendar days after the initial CMC was set.

CRITICALProposed or draft document; may not be in force

Further continuances require a proper motion and a court order.

Any further continuances may only be granted upon filing of a proper motion and order of the court.

CRITICALProposed or draft document; may not be in force

A non-stipulated continuance requires a noticed motion with a hearing date before the CMC, supported by a declaration and proof of service, and may be granted only upon a finding of good cause.

Parties requesting a non-stipulated continuance must file a noticed motion and set a hearing date prior to the scheduled CMC. A declaration and proof of service must support the motion. The motion will be granted upon a finding of good cause.

CRITICALProposed or draft document; may not be in force

Relief from chapter time limits may be granted only upon a showing of good cause, and the matter will be reset to a specific date when relief is granted.

If the judge or his or her designee grants a motion for relief from time limits, the matter will be reset on a specific date at the time the motion is granted. Motions for relief from time limits set forth in this chapter will be made and may be granted only upon a showing of good cause.

CRITICALProposed or draft document; may not be in force

A settlement conference will not be continued without a noticed motion; the court will hear the motion at the conference unless an earlier hearing date is requested and ordered.

c) The court will not continue a settlement conference except upon a filing of a noticed motion. The court will hear the motion at the settlement conference unless an earlier date is requested and ordered.

CRITICALProposed or draft document; may not be in force

Requests to continue law and motion matters must be based on good cause.

As it is the policy of the court to avoid unnecessary delays in law and motion matters, requests for continuances must be based on good cause.

CRITICALProposed or draft document; may not be in force

The court will accept time waivers and grant continuances only when exceptional circumstances are shown.

The court will accept time waivers and grant continuances only on a showing of exceptional circumstances.

WARNINGProposed or draft document; may not be in force

The mediator may request a continuance of a scheduled court hearing to complete mediation.

The mediator may request that the court continue any scheduled court hearing to complete mediation.

WARNINGProposed or draft document; may not be in force

Criminal cases must be set and heard as early as possible, and party agreement alone will not support a continuance.

b) Continuances and Postponements: Pursuant to Penal Code section 1050, criminal cases shall be set for trial and heard at the earliest possible time. No continuances will be granted solely based on the agreement of the parties.

WARNINGProposed or draft document; may not be in force

A continuance will not be granted because special-appearance counsel is unprepared to discuss the case.

This requirement applies to counsel of record and to counsel making special appearances. No continuance will be granted on the basis that special appearance counsel is not prepared to discuss the case.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

The moving party must submit this request to the clerk’s office by mail or fax at least (i) 24 hours before the scheduled hearing

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

48 hours before the scheduled hearing, if the hearing is before a visiting judge.

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

Proposed or draft document; may not be in force

The parties may stipulate, in writing, one time to continue a law and motion matter for a reasonable amount of time not to exceed forty five (45) calendar days.

We could not confirm this summary. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Failure to appear at the date and time set for the hearing may result in the matter being dropped from the calendar.