Santa Barbara Superior Court Adjournment & Extension Requirements

CRITICAL

A defendant may request an additional extension of time through a Good Cause Declaration, and the reviewing judicial officer determines whether good cause exists before granting relief.

1. On Good Cause Declaration, request: a. Acceptance of proof of completion of traffic violator school even if case has transferred to collections with civil assessment attached. b. Grant additional extension of time to correct a mechanical violation or obtain out- of-state registration or proof of driver’s license. c. Reinstate community work service when community work service has previously been terminated. d. Vacate civil assessment, recall case from court collections, and reduce fine to original bail amount. e. Waive mandatory appearance due to defendant living in excess of 300 miles from court. Following review, the reviewing judicial officer shall determine whether good cause exists and may grant specific relief.

CRITICAL

A stipulation to continue trial is accepted only by ex parte application.

The court does not accept stipulations to continue trial except by ex parte application.

CRITICAL

Continuance requests made at the hearing are highly disfavored; parties must immediately notify the Court of a stipulation and present the written stipulation and completed FL-307 by the scheduled start, or promptly request a continuance under CRC 5.94(f) if they cannot stipulate.

Requests for continuances made at the time of the hearing are highly disfavored. The parties shall immediately advise the Court of any stipulation to continue and shall present a written stipulation (see optional Local Form SC-4032), together with an Order on Request to Continue Hearing (form FL-307) with the caption and initial items completed as described on the form, no later than the scheduled start of the hearing. If a stipulated continuance cannot be obtained, the requesting party must promptly request a continuance as provided in CRC 5.94(f).

CRITICAL

Unless the court orders otherwise, a continuance is granted only if both people appear, they stipulate in writing, or timely service is proved before the request and the applicant declares that the examinee agreed to appear on the continued date.

Unless otherwise ordered by the court, continuances of an examination hearing will be granted only where: (i) both the applicant and the person to be examined appear on the date of the examination, (ii) the applicant and the person to be examined stipulate in writing to a continuance, or (iii) proof of timely service of the order has been filed prior to the request for a continuance and the applicant declares that the person to be examined has agreed to appear at the continued date.

CRITICAL

A trial or evidentiary hearing may be continued only for good cause by court order; the application must be made as early as possible and at least one week before the hearing, although it may be presented ex parte if all parties waive notice, and preparation time or settlement discussions alone are not good cause.

(b) [Continuance of Trials or Evidentiary Hearings] A trial or evidentiary hearing may be continued for good cause only by order of the court. If all parties waive notice, an application for continuance may be presented ex parte. The application must be made at the earliest possible time and in no event less than one week prior to trial or the hearing. A party’s need for additional time to prepare for trial or to discuss settlement does not constitute good cause.

CRITICAL

A party seeking a continuance must apply by stipulation, ex parte application, or noticed motion; the Court decides continuances in its discretion, not solely on a stipulation, and the Clerk needs a court order to continue a matter, except as otherwise required by law.

Parties seeking a continuance of any matter must apply to the Court in the manner provided by law, i.e., by stipulation, by ex parte application, or by noticed motion. Except where otherwise required by law, continuances are granted or denied in the court’s discretion and are not granted solely on the basis of the stipulation of the parties. The Clerk is not authorized to continue a matter without an order from the Court.

CRITICAL

After a trial date is set, a continuance will be granted only for good cause, and requesting one at calendar call is not appropriate.

1424 TRIAL (a) [Continuances] Once a trial date is set, no continuances will be granted except for good cause shown. It is not appropriate to request a continuance at the calendar call.

CRITICAL

A nontrial, nonevidentiary noticed hearing may be continued by the specified request methods; contested matters require a written stipulation from all affected parties if proceeding by stipulation, and requests or stipulations must be filed at least three court days before the hearing.

(a) [Continuance of Nontrial Matters] Hearings other than trials or evidentiary hearings may be continued subject to the following: (1) In uncontested matters, noticed hearings may be continued by motion, ex parte application, or written request. In contested matters, noticed hearings may be continued by motion, ex parte application, or a written stipulation from all affected parties. Such requests or stipulations must be filed at least three (3) court days before the hearing date and served on all persons entitled to notice of the hearing.

CRITICAL

Any continuance of an ADR date must be directed to the assigned trial judge.

Any continuance of dates scheduled for ADR, including mandatory settlement conference dates and completion dates, must be directed to the assigned trial judge.

CRITICAL

If a TRO is in effect pending a hearing, the requesting party must calendar the hearing and any required mediation before the TRO expires or obtain a timely continuance to keep the TRO in force.

If a TRO was granted pending a hearing, it is the requesting party’s responsibility to ensure that the hearing is calendared to occur, and any required mediation is scheduled to occur, prior to the expiration of the TRO; otherwise, it is the requesting party’s responsibility to obtain a timely continuance of the TRO to keep the TRO in force prior to the hearing.

WARNING

Deputy clerks may grant an initial 30-day extension to pay or provide the specified proof.

4. Grant initial 30-day extension of time to pay or provide proof of completion of community service work or traffic violator school or to provide proof of correction of correctable offense(s).

WARNING

A lawyer should not arbitrarily or unreasonably refuse a reasonable request for an extension of time that is permitted by court rules.

A lawyer should not arbitrarily or unreasonably refuse a reasonable request for an extension of time, as permitted by court rules.

WARNING

The Clerk or Deputy Clerk may postpone a capacity hearing for the listed hardships.

Postponement of capacity hearings may be made by the Clerk or Deputy Clerk in the event of the following hardships: petitions filed on or intervening weekends or legal holidays; untimely physical illness of hearing officer, patient, patient's counsel or advocate, attending physician, or treatment facility counselor the physical unavailability of the patient at the PHF.

WARNING

A certification review hearing may be postponed for up to 48 hours at the request of the patient, the patient’s attorney, or the patient’s advocate.

(e)(2) Hearings may be postponed up to forty-eight (48) hours upon the request of the patient or his or her attorney or advocate.

WARNING

The Clerk may grant a second extension of up to 30 calendar days.

and the discretion to grant a second extension of not more than thirty (30) calendar days.

WARNING

When scheduling or postponing hearings, depositions, meetings, or conferences, a lawyer shall consider opposing counsel’s legitimate calendar conflicts unless doing so would be contrary to the client’s legitimate interest.

A lawyer shall consider opposing counsel's legitimate calendar conflicts when scheduling or postponing hearings, depositions, meetings or conferences, unless to do so would be contrary to the legitimate interest of his or her client.

WARNING

When required publication notice has been completed, the hearing remains scheduled and the court addresses a continuance request at the hearing.

(4) Where notice of the scheduled hearing requires publication and publication has been completed, the hearing will take place as scheduled and the Court will address the request for continuance at the hearing.

WARNING

Deputy clerks may, in their discretion, grant a second 30-day extension to pay or provide the specified proof.

5. Exercise discretion to grant second 30-day extension of time to pay or provide proof of completion of community service work or traffic violator school or to provide proof of correction of correctable offense(s).

WARNING

For infractions, the Clerk may grant an extension of a court appearance of up to 30 calendar days after the date noted on the citation for the first scheduled appearance.

The Clerk has authority to grant extensions of court appearances for infractions, including mechanical defects charges, for not more than thirty (30) calendar days after the date noted on the citation for the first scheduled appearance

WARNING

If service was not timely, the court may set a new examination date at the applicant’s request, but a new examination order must be submitted to the court and served as applicable law requires.

If timely service has not been effected, the court may set a new examination date upon request of the applicant but a new order for examination must be submitted to the court and the new order served as required as required by applicable law.

INFO

The court will consider requested dates for a continued hearing but may set a different date based on availability.

Requested hearing dates will be considered, but a different date may be set depending on availability.

INFO

To the extent permitted by law, the Clerk may process initial and discretionary continuances.

The Clerk is authorized to process bail forfeitures, proofs of correction, initial and discretionary continuances, traffic school referrals and other ministerial or discretionary matters to the extent permitted by law.