Court Rules

San Joaquin Superior Court Adjournment & Extension Requirements

13 rules from official source documents

Requirements for requesting adjournments, extensions, and continuances. This page is scoped to San Joaquin Superior Court; use the court rules overview to switch categories without leaving this court.

A party seeking a hearing-date change must file a written application showing good cause and a proposed order at least five court days before the hearing.

Any party seeking a change of hearing date set under this section must file a written application containing a showing of good cause together with a proposed order five (5) court days in advance of the hearing.

If the doctor cannot file the report, the doctor must submit a written extension request by 5:00 p.m. no later than the last court day before the hearing, using either authorized filing method.

If the doctor is not able to file the report, the doctor shall submit for filing a written request for an extension. Such a request must be filed with the court by 5:00 p.m. no later than the last court day prior to the hearing and shall be submitted as described in subsections 1 or 2 above.

Every stipulation requesting a continuance of a proceeding must be signed by all attorneys involved in the case.

All stipulations for request to continue any proceeding shall be signed by all attorneys involved in the case.

When requesting an extension of time to serve process based on specified conditions, the plaintiff must suggest the earliest date by which the service impediment may reasonably be eliminated.

When applying to the court to extend time for service of process based on the conditions stated in C.C.P. section 583.240, plaintiff shall suggest to the court the earliest time within which the impediment to service may reasonably be eliminated so that the court is able to continue its supervision of the case on a date certain.

In civil actions, an extension to serve the defendant with process is supported when the plaintiff's declaration shows that the defendant's insurer or authorized representative knows of the action and settlement negotiations are underway that could resolve the case.

Further, in all civil actions, "good cause" for an extension of time to serve the defendant with process is established where plaintiff's declaration affirmatively shows that defendant's insurance carrier or other authorized representative has been advised that an action has been filed and that settlement negotiations are in progress which could resolve the case without further litigation.

A continuance may be requested by stipulation up to five court days before the hearing, but court approval is required when the request is made within five court days of the hearing.

Matters may be continued by filing a stipulation up to five court days before the hearing date. To prevent the judges from unnecessarily preparing matters to be continued, court approval will be required before a continuance will be allowed when the request for continuance is made within five court days of the scheduled hearing.

After the initial hearing, a request by the petitioner to continue a hearing must be made by declaration or at a hearing appearance; a continuance may not be obtained by requesting the clerk.

All requests by the petitioner to continue subsequent hearings after the initial hearing must be done by a declaration or an appearance at the hearing, a continuance of a subsequent hearing may not be secured by a request to the clerk.

After an initial hearing, the court may dismiss the matter unless the petitioner shows good cause for a further continuance through a filed declaration or an appearance at the hearing.

After the initial hearing, the Court may drop or dismiss the matter unless the petitioner shows good cause for a further continuance, by a filed declaration or an appearance at the hearing.

A stipulation continuing a contested hearing must be signed by every party who has appeared in the matter.

The stipulation must be signed by all parties who have appeared in the matter.

The Stipulation and Order procedure applies only to hearings; trial and mandatory settlement-conference continuances must be requested by motion in compliance with California Rules of Court, Rule 3.1332.

This is for hearings only; any continuances of a trial or mandatory settlement conference must be done by a motion and comply with California Rules of Court, Rule 3.1332.

The court may extend any time standard upon a showing of good cause through a noticed motion or ex parte appointment with the assigned judge.

The court may extend any time standard set forth in these rules upon a showing of good cause on noticed motion or ex-parte appointment with the assigned judge.

A scheduled arbitration hearing may be continued based on good cause, generally only with the parties' stipulation and the arbitrator's consent, for no more than 90 days from assignment; any further continuance requires a motion to the court showing good cause.

The continuance of arbitration hearings once scheduled is disfavored. Keeping within the provisions of CRC 3.818(c), the parties may stipulate with the consent of the arbitrator or the arbitrator may grant a continuance based on good cause and not to exceed ninety (90) days from the date of assignment to the arbitrator. A further continuance, however, cannot be granted except by motion to the court, with good cause shown.

The first hearing may be continued to allow the petitioner to correct defective pleadings or procedural issues identified in the probate notes, and the continuance may be made by the petitioner or by the Court on its own motion.

The first hearing on a matter may be continued to enable the petitioner to correct defective pleadings or procedural issues identified in the probate notes. The continuance can be made by the petitioner as listed below, or by the Court on its own motion, even if no request for a continuance is made.

Common questions about San Joaquin Superior Court adjournment & extension requirements

How do I request an adjournment or extension in San Joaquin Superior Court?

Requests should be made at least 5 court days in advance when this rule applies in San Joaquin Superior Court. A party seeking a hearing-date change must file a written application showing good cause and a proposed order at least five court days before the hearing.

View ruleSource: page 35, section 3-102.B.1 Procedure