San Luis Obispo Superior Court Adjournment & Extension Requirements

Before serving the motion, a moving party unable to appear may request a new hearing date by submitting local form CV008.

If a moving party is unable to appear on the assigned hearing date and has not yet served the motion, the moving party may obtain a new hearing date by submitting a Request & Order to Continue Motion (local form CV008).

After service, the clerk cannot continue a motion without a court order, and the request must be made as early as possible and no later than two court days before the hearing.

After a motion has been served, the Clerk’s Office is not authorized to continue a matter without a Court order. Any requests to continue matters after service of a motion must be made at the earliest possible opportunity, no later than two (2) court days before the hearing.

A motion withdrawal request must be made as early as possible and no later than two court days before the hearing, and it cannot be made after a tentative ruling issues.

Requests to withdraw motions from the calendar must be made at the earliest possible opportunity, no later than two (2) court days before the hearing. Requests to withdraw motions from the law and motion calendar cannot be made after a tentative ruling has been issued.

A calendared matter may not be changed without a showing of good cause.

It is the policy of this court that when a matter has been calendared, the date may not be changed without a showing of good cause.

A calendared hearing or appearance may not be changed without consent from the assigned judicial officer.

Court hearings and appearances are appointments with the court and may not be changed without the consent of the judicial officer assigned to manage the case.

Motions to continue jury-trial matters must be filed at least two days before the Courtwide Readiness Conference unless good cause exists.

All Motions to Continue matters set for Jury Trial shall be filed at least two days before the Courtwide Readiness Conference absent good cause.

Criminal continuance motions must comply with Penal Code section 1050.

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

Courtroom events may be continued only for unforeseeable circumstances outside the parties' control that necessitate the continuance.

Courtroom events will be continued only when circumstances not within the control of the parties and which were not foreseeable at the time of setting the date of the event, necessitate a continuance.

A continuance requires competent evidence of good cause, and the supporting facts and requested duration must be stated on the record.

Continuances will only be granted on the showing by competent evidence of good cause. The facts proven justifying good cause and the length of continuance must be set forth on the record.

A continuance cannot be granted solely by party agreement without demonstrated good cause.

No continuance will be granted solely because all parties agree to the continuance when there is not demonstrated good cause for the continuance.

Cases requiring trailing proceed to the next available setting unless good cause supports another date, and the defendant and counsel must generally be present when called.

Should it be necessary that cases be trailed for hearing or trial, they will be trailed to the next available setting unless the parties demonstrate good cause to trail the case to a different date. When a case is trailing, the defendant and all counsel, except in extraordinary circumstances, must be present when the case is called.

Continuance requests may be submitted in uncontested matters, but contested matters require a written stipulation from all affected parties; requests or stipulations must be submitted at least two days before the hearing, and the requesting party must serve notice of the continued hearing date unless the Court orders otherwise.

Written requests for continuances may be submitted in uncontested matters. In contested matters, a written stipulation of all affected parties is required. Such requests or stipulations must be submitted at least two (2) days before the hearing date. If a hearing is continued, the requesting party must serve notice of the continued hearing date unless otherwise ordered by the Court.

An email continuance request must be submitted by 3:00 p.m. on the day before the hearing and will be granted only if both parties agree and confirm the agreement by a received conjoint email or signed stipulation.

Continuances by email may be requested at any time prior to, but no later than, the day before the hearing at 3:00 p.m. Email continuances will be granted only if both parties agree to the continuance, as confirmed either by (1) a conjoint email to the court's clerk with confirmed receipt [see rule 19.10, Designated Department Email Addresses] or (2) a signed stipulation.

After one continuance, both sides must appear to request another continuance and must show good cause.

After one (1) continuance, appearances by both sides will be required to request any further continuance and will require a showing of good cause.

Trials, settlement conferences, and specially set dates are firm; a continuation request by stipulation or motion must be filed with the clerk, explain the grounds in sufficient detail, and show good cause.

Trials, Settlement Conferences, and specially set matter dates set by the court are firm and will rarely be changed. The parties and their counsel must be prepared to proceed with the hearing. Any request, whether by stipulation or motion, to continue these matters must be filed with the clerk's office and must be supported by a sufficiently detailed explanation of the grounds for the requested continuance or extension of time. The court will only continue these matters upon a showing of good cause.

Small-claims continuances require a written request made at least 10 calendar days before trial or a showing of good cause.

Continuances of small claims proceedings will be granted by the court only if the request is in writing, is made at least ten (10) calendar days before trial and/or upon a showing of good cause.

Upon request by the defendant or counsel and with notice to the prosecuting agency, the clerk may continue an out-of-custody defendant’s initial arraignment for up to seven calendar days.

(1) A clerk of this Court may, upon the request of the defendant or counsel and with notice to the prosecuting agency, continue the initial arraignment of a defendant who is not in custody for up to seven calendar days.

A party may request a one-day continuance to prepare a response to a temporary emergency order if a written request and summary of reasons are served and filed before the ex parte hearing.

If additional time is required to respond to a request for temporary emergency orders, the court will consider a request for a one-day continuance of the request to permit a response to be prepared and filed, provided that a written statement of this request and a summary of the reasons for such request are served and filed prior to the ex parte hearing.

Continuances are generally disfavored and require a showing of good cause.

Due to the impacted court calendars, the court has a strong interest in adhering to scheduled dates. Changes in dates are generally disfavored absent a showing of good cause.

Only one continuance request will generally be granted, and the request may be submitted by email or through the specified rescheduling forms.

Only one (1) request for continuance will generally be granted. A continuance may be requested by email or by filing and serving FL-306 Request to Reschedule Hearing, FL- 307 Request to Reschedule Hearing Involving Temporary Emergency (Ex Parte) Orders, or FL-308 Agreement and Order to Reschedule Hearing.

On a defendant’s or counsel’s request, the clerk may continue an initial arraignment, except when the defendant is released on bail.

A clerk of this Court may upon the request of a defendant or counsel continue the initial arraignment of a defendant except for defendants released on bail.