San Bernardino Superior Court Adjournment & Extension Requirements

Witness unavailability supports a continuance only if the witness was subpoenaed or beyond subpoena, had agreed to attend, and is absent because of an unavoidable emergency that counsel neither knew nor reasonably could have known when trial was set.

The unavailability of a witness only where the witness has been subpoenaed or is beyond the reach of subpoena and has agreed to be present, and the witnesses absence is due to an unavoidable emergency that counsel did not know and could not reasonably have known at the time the trial was set.

A continuance for substitution of counsel is disfavored and permitted only upon an affirmative showing that substitution is required in the interest of justice.

Continuance for substitution of counsel is disfavored and will only be allowed when there is an affirmative showing that the substitution was required in the interest of justice.

Except in an emergency, a continuance requires good cause, a properly noticed motion, and supporting declarations.

No continuance, absent emergency, will be granted without a showing of good cause and a properly noticed motion with supporting declarations.

A trial attorney engaged in another trial may support a continuance only if the conflict was not reasonably foreseeable when the date was accepted and the court was told at least 30 days before trial that no qualified firm attorney was available and prepared.

Unavailability of the trial attorney when that attorney is engaged in the trial of another case if: (a) at the time such attorney accepted the trial date in this case the conflict could not have been reasonably anticipate; and (b) the Court was informed at least 30 days before trial that no other attorney in the firm was capable, available and prepared to try the case.

A continuance of the initial case management conference may be jointly requested by submitting a stipulation and proposed order directly to Department S-17 no later than five court days before the hearing.

Counsel for all parties are ordered to attend the initial CMC. If there are defendants who have not yet made a general or special appearance, those parties who are presently before the court may jointly request a continuance of the initial CMC to allow additional time for such non-appearing defendants to make their general or special appearances. Such a request should be made by submitting a Stipulation and Proposed Order to the Court, filed directly in Department S-17 (not in the clerk's office), no later than five court days before the scheduled hearing.

Except for the specified small-claims matters, the Court does not accept continuance requests made in declarations and will disregard them.

With the exception of small claims collections matters with limited jurisdiction and an unserved Defendant, the Court does not accept declarations requesting to continue hearings, including default prove-up hearings, trial readiness conferences, and trials. The Court will disregard any request made in a declaration.

A continuance may be allowed when the court finds the case is not ready for trial because of an unforeseen change in circumstances, parties, or court-ordered pleadings.

Continuance will be allowed if the Court finds that the case is not ready for trial due to an unforeseen change in circumstances, parties or pleadings ordered by the Court.

Death of a trial attorney or essential witness may constitute good cause when proximity to trial makes substitution infeasible.

Death of trial attorney or essential witness where, because of the proximity of such death to the date of trial, it is not feasible to substitute another attorney or witness.

A party or essential witness's illness may support a continuance, but an extended anticipated incapacity requires the person's deposition so trial can proceed on the next date.

Illness of a party or essential witness, except that , when it is anticipated the incapacity of such party or witness will continue for an extended period, the continuance will be granted on condition of taking the deposition of the party or witness in order that the trial may proceed on the next date set.

Illness of a trial attorney or expert witness may support a continuance, but substitution may be considered based on timing, expected duration, case complexity, and substitute availability.

Illness of the trial attorney or expert witness, except that the substitution of another attorney or witness will be considered in lieu of a continuance depending on the proximity of the illness to the date of trial, the anticipated duration of incapacity, the complexity of the case, and the availability of substitute attorney or expert.

A party objecting to Judicial Reference based on economic hardship must prepare supporting financial documentation or request an extension at the discovery conference.

(Be prepared with appropriate financial documentation/declarations at this time of the IDC or request an extension at the time of the IDC).

Parties are expected to give prior notice to the court of any court trial continuance in compliance with local rules and the California Rules of Court.

Parties are expected to give prior notice to the Court for any Court Trial continuances in compliance with local rule and California Rules of Court.

A party objecting to referral to Judicial Reference based on economic hardship should bring appropriate financial documentation or declarations to the discovery conference and may request an extension there.

(Be prepared with appropriate financial documentation/declarations at this time of the IDC or request an extension at the time of the IDC).

Unless a formal request is made at the Trial Readiness Conference, each party has three minutes for its mini-opening, subject to extension for good cause.

Absent a formal request at the Trial Readiness Conference, mini-openings are limited to three minutes per party. The Court may extend the time for mini-openings upon a showing of good cause.