Court Rules

Santa Cruz Superior Court Adjournment & Extension Requirements

52 rules from official source documents

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

A stipulated case-management conference continuance requires form SUPCV 1014, a good-cause declaration, and a proposed order filed at least 10 calendar days before the conference; it may be granted only for good cause, is limited to one continuance per case, and may extend the conference by no more than two months.

Parties requesting a stipulated continuance of a case management conference must submit a written application on local form SUPCV 1014, Application and Stipulation for Order to Continue for Order to Continue Mediation Hearing and/or Case Management Conference, supported by a declaration showing good cause and a proposed order for the Court's signature. The application shall be filed with Court no later than ten (10) calendar days before the conference. The order shall be granted only upon a finding of good cause. Only one such continuance shall be allowed per case and the case management conference shall not be continued more than two months.

A party seeking a non-stipulated case-management conference continuance must file a noticed motion and set a hearing date as required by the referenced procedure.

Other requests for continuance: Parties requesting a non-stipulated continuance of a case management conference must file a noticed motion and set a hearing date pursuant to

A continuance application must include a declaration and may be granted only upon a finding of good cause.

The application must be supported by a declaration, and the order shall be granted only upon the finding of good cause.

A traffic or minor violation trial continuance request must be written and copied to the opposing side.

If you are unable to present your case on the date ordered for trial in traffic/minor violation court, a continuance must be requested as follows: The request must be in writing, copied to the other side.

A traffic or minor violation continuance request must be received fifteen days before the hearing.

The request must be received by the Court fifteen days prior to the hearing.

A stipulated trial continuance must be filed at least ten days before trial, is approved only upon a finding of good cause, is limited to one per case, and may not extend a short-cause trial by more than two months.

The request shall be filed no later than ten (10) days before the date set for trial. The request shall be granted judicial approval only upon a finding of good cause. Only one such continuance shall be allowed per case. A short cause trial shall not be continued more than two months.

A non-stipulated trial continuance requires a noticed motion with a hearing date, a supporting declaration, and a finding of good cause.

Parties requesting a non-stipulated continuance of a trial must file a noticed motion and set a hearing date pursuant to court rules governing hearings. The application must be supported by a declaration, and the request shall be granted only upon a finding of good cause.

A stipulated continuance request must be submitted by the moving party through the Clerk's Office by telephone or email.

Requests for continuances based on stipulation by the parties must be made by the moving party by calling the Clerk's Office (831) 420-2204 or emailing civilinfo@santacruzcourt.org

When both parties agree to move or continue a status conference because they are in mediation, they must file local form SUPFL 1013 no later than 10 days before the court date; the Court ordinarily will not grant more than a four-month continuance.

If the parties would like to move their status conference date or continue the date because they are in mediation this joint request needs to be made on the Stipulation and Application for Order to Change Status Conference, local form SUPFL 1013. This needs to be filed no later than 10 days before the court date. In most circumstances the Court will not grant more than a four month continuance.

The Court will not continue a matter set for trial unless there is good cause.

It is the policy of the Court not to continue matters set for trial without good cause.

A stipulated trial-continuance request must include SUPCV 1013, a declaration stating the cause and a trial time estimate, and be submitted at least ten calendar days before the trial; a stipulation alone is insufficient.

Any stipulated request for such continuance must be accompanied by local form SUPCV 1013, Application and Stipulation for Order to Continue Trial, with a declaration of cause. A stipulation alone is not sufficient to obtain a continuance. To be considered the declaration must also contain a time estimate for trial. Such a request must be submitted at least ten calendar days prior to the trial sought to be continued.

A rescheduling request must be filed with the clerk at least five court days before the settlement conference by using a stipulation and order on mandatory Local Form SUPFL 501.

Requests to reschedule a settlement conference date shall be done by filing a stipulation and order with the clerk at least five court days prior to the settlement conference date using mandatory Local Form SUPFL 501.

A request to cancel a scheduled conference should be made as soon as possible and no later than five court days before the scheduled date.

Requests to cancel should be made as soon as possible but no later than five court days prior to the scheduled date.

A previously filed Request for Order may be continued by agreement using Judicial Council form FL-308; absent agreement, the court’s continuation process applies.

A request to continue a previously filed Request for Order may be made by agreement of the parties by completing and filing Judicial Council form FL-308 Agreement and Order to Reschedule Hearing or if there is no agreement the process outlined below.

A continuance request and proof of service must be submitted at least five court days before the hearing date originally set on the Request for Order.

Time for submitting request: In accordance with California Rule of Court 5.95(d)(1)(A)(iv), the request for continuance and proof of service must be submitted to the court no later than 5 court days prior to the hearing date originally set on the request for order.

A party unable to request a continuance in accordance with subsection (b) must appear on the scheduled hearing date and make an oral continuance request.

Untimely Request: If the request is unable to be made in accordance with (b) the party asking to reschedule shall appear in court on the scheduled hearing date to make an oral request for a continuance in accordance with California Rule of Court 5.95(d)(1)(B).

Court-set compliance and status hearings may be continued only by the judge in open court on the original date, with a written formal declaration filed ten court days before the hearing.

Matters set by the Court, such as compliance hearings and status hearings, can be continued only by the judge in open court on the date originally set. Continuances for these matters can be requested in writing by filing a formal declaration with the Court ten court days before the hearing.

A continuance may not be granted when it would be contrary to the minor’s interest.

No continuance shall be granted that is contrary to the interest of the minor.

A continuance requires a showing of good cause and may be granted only for the period shown to be necessary.

Continuances shall be granted only upon a showing of good cause and only for that period of time shown to be necessary.

A judicial-mediation continuance request filed fewer than ten days before the scheduled mediation will be denied absent good cause, and the request must include local form SUPCV 1013 and a separate declaration.

Continuance of judicial mediation is disfavored. Absent good cause, any request for continuance filed less than ten days before the scheduled mediation date will be denied. Local form SUPCV 1013, Application and Stipulation for Order to Continue Trial, and a separate declaration will be required for consideration of a request for continuance.

A stipulated continuance requires a written SUPCV 1014 application, a good-cause declaration, and a proposed order filed no later than 10 calendar days before the conference; only one continuance is allowed and it may not exceed two months.

Parties requesting a stipulated continuance of a case management conference must submit a written application on local form SUPCV 1014, Application and Stipulation for Order to Continue for Order to Continue Mediation Hearing and/or Case Management Conference, supported by a declaration showing good cause and a proposed order for the Court's signature. The application shall be filed with Court no later than ten (10) calendar days before the conference. The order shall be granted only upon a finding of good cause. Only one such continuance shall be allowed per case and the case management conference shall not be continued more than two months.

A non-stipulated continuance requires a noticed motion, a hearing date under the governing court rules, and a supporting declaration, and is granted only upon a finding of good cause.

Parties requesting a non-stipulated continuance of a case management conference must file a noticed motion and set a hearing date pursuant to court rules governing hearings. The application must be supported by a declaration, and the order shall be granted only upon the finding of good cause.

A traffic or minor-violation trial continuance request must be written, copied to the other side, received fifteen days before the hearing, and include the stated time-waiver language when applicable; otherwise the matter may proceed without the requesting party.

If you are unable to present your case on the date ordered for trial in traffic/minor violation court, a continuance must be requested as follows: The request must be in writing, copied to the other side. If requested by the defendant and it is a time not waived trial, the request must state “time is waived.” The request must be received by the Court fifteen days prior to the hearing. If this procedure is not followed, or if the action is not timely, the matter may be heard in the absence of the requesting party.

A stipulated trial continuance requires a written SUPCV 1013 application, a good-cause declaration, and a proposed order, filed no later than ten days before trial; a plaintiff may request when defendants have not appeared.

Parties requesting a stipulated continuance of a trial must submit a written application on local form SUPCV 1013, Application and Stipulation for Order to Continue Trial, supported by a declaration showing good cause and a proposed order for the Court's signature. The request shall be filed no later than ten (10) days before the date set for trial.

A non-stipulated continuance of a trial requires a noticed motion, a hearing date set under the governing hearing rules, a supporting declaration, and a finding of good cause.

Other requests for continuance: Parties requesting a non-stipulated continuance of a trial must file a noticed motion and set a hearing date pursuant to court rules governing hearings. The application must be supported by a declaration, and the request shall be granted only upon a finding of good cause.

A continuance motion for a trial or specially set hearing generally may not be filed on the scheduled date; in extraordinary circumstances it must be made when the master calendar is called and only before the specified judge.

Motions for continuance of a trial or specially set hearing will not be entertained on the date set except under the most extraordinary circumstances. In that event all such motions shall be made at the time the master calendar is called and only before the judge calling the master calendar or the judge before whom the matter is specially set.

Counsel may timely continue a matter by application or stipulation, but only one continuance per side will be granted, after which the matter may be dropped from the calendar if it does not proceed.

Subject to paragraph (b), counsel may continue matters by timely application or by stipulation. However, only one (1) such continuance per side will be granted. Thereafter, if the matter does not proceed, it may be dropped from the calendar.

A joint request to move or continue a status conference because of mediation must use the SUPFL 1013 stipulation and application and be filed at least 10 days before the court date; the Court ordinarily will not grant more than four months.

If the parties would like to move their status conference date or continue the date because they are in mediation this joint request needs to be made on the Stipulation and Application for Order to Change Status Conference, local form SUPFL 1013. This needs to be filed no later than 10 days before the court date. In most circumstances the Court will not grant more than a four month continuance.

A trial continuance requires good cause; a stipulated request must include the SUPCV 1013 application and a declaration stating the cause and a trial time estimate, and must be submitted at least ten calendar days before the trial.

It is the policy of the Court not to continue matters set for trial without good cause. Any stipulated request for such continuance must be accompanied by local form SUPCV 1013, Application and Stipulation for Order to Continue Trial, with a declaration of cause. A stipulation alone is not sufficient to obtain a continuance. To be considered the declaration must also contain a time estimate for trial. Such a request must be submitted at least ten calendar days prior to the trial sought to be continued.

A settlement conference may not be continued without good cause, and any request to reschedule must be made by filing a stipulation and order with the clerk at least five court days before the conference using mandatory Local Form SUPFL 501.

It is the policy of the Court not to continue matters set for settlement conference without good cause. Requests to reschedule a settlement conference date shall be done by filing a stipulation and order with the clerk at least five court days prior to the settlement conference date using mandatory Local Form SUPFL 501.

Either party may cancel a scheduled settlement conference after notifying the other party, and the cancellation request should be made as soon as possible and no later than five court days before the conference.

Cancelling a scheduled conference may be done by either party after notice to the other party. Requests to cancel should be made as soon as possible but no later than five court days prior to the scheduled date.

A request to continue a previously filed Request for Order and its proof of service must be submitted no later than five court days before the originally scheduled hearing.

Time for submitting request: In accordance with California Rule of Court 5.95(d)(1)(A)(iv), the request for continuance and proof of service must be submitted to the court no later than 5 court days prior to the hearing date originally set on the request for order.

A continuance of a court-set matter may be requested by written formal declaration at least ten court days before the hearing and may be granted only by the judge in open court on the originally scheduled date.

Matters set by the Court, such as compliance hearings and status hearings, can be continued only by the judge in open court on the date originally set. Continuances for these matters can be requested in writing by filing a formal declaration with the Court ten court days before the hearing.

Continuances in dependency matters may not harm the minor’s interests and may be granted only for good cause and only for the period shown to be necessary.

No continuance shall be granted that is contrary to the interest of the minor. In considering the minor’s interests, the Court shall give substantial weight to a minor’s need for stability and prompt resolution of custody status, and the damage to a minor of prolonged temporary placements. Continuances shall be granted only upon a showing of good cause and only for that period of time shown to be necessary.

A party may advance the first case management conference by ex parte application and must provide notice to all other parties.

A party wishing to advance the date of the first case management conference may do so by ex parte application. The requesting party is responsible for noticing all other parties.

Failure to follow the continuance procedure or to act timely may result in the matter being heard without the requesting party.

If this procedure is not followed, or if the action is not timely, the matter may be heard in the absence of the requesting party.

A continuance motion filed on the scheduled date is not entertained except under extraordinary circumstances, when it must be made when the master calendar is called before the appropriate judge.

Motions for continuance of a trial or specially set hearing will not be entertained on the date set except under the most extraordinary circumstances. In that event all such motions shall be made at the time the master calendar is called and only before the judge calling the master calendar or the judge before whom the matter is specially set.

A continuance requested within 24 hours of the hearing date, excluding weekends and holidays, ordinarily will not be granted even by stipulation.

Requests for continuances made within 24 hours of the date of hearing (Saturday, Sunday and holidays excepted) ordinarily will not be granted even if made by stipulation.

Subject to the late-request restriction, only one continuance per side will be granted, and a matter that does not proceed afterward may be dropped from the calendar.

Subject to paragraph (b), counsel may continue matters by timely application or by stipulation. However, only one (1) such continuance per side will be granted. Thereafter, if the matter does not proceed, it may be dropped from the calendar.

When the parties disagree about continuing a status conference, the Court will decide at the status conference whether to continue the case to a later status-conference date.

The Court will decide at the status conference if the case will be continued to a further status conference date.

The Court will not continue a matter set for settlement conference without good cause.

It is the policy of the Court not to continue matters set for settlement conference without good cause.

Either party may cancel a scheduled conference after giving notice to the other party.

Cancelling a scheduled conference may be done by either party after notice to the other party.

No notice to the other party is required when continuing a hearing for an unserved Request for Order.

No notice to the other party is required since they have not been served.

The procedure for continuing an unserved Request for Order hearing may be used no more than twice.

No more than two requests to continue may be made using this procedure.

Requests to continue status conferences, settlement conferences, or trials may be considered on the ex parte calendar.

Requests for continuances of status conferences, settlement conferences and trials may be considered on the ex parte calendar.

A continuance request made within 24 hours of hearing, excluding weekends and holidays, ordinarily will not be granted even if the parties stipulate.

Requests for continuances made within 24 hours of the date of hearing (Saturday, Sunday and holidays excepted) ordinarily will not be granted even if made by stipulation.

The stipulation requesting a settlement conference reschedule should specify future availability.

Future availability should be specified in the stipulation.

A party may cancel the settlement conference by emailing familylawinfo@santacruzcourt.org or submitting a pleading-paper request to the Clerk’s Office.

A party may cancel the conference by: a) Emailing a request to take off calendar to familylawinfo@santacruzcourt.org or b) Submitting a request on pleading paper to the Clerk’s Office.

For an unserved Request for Order, the party may use the forms-based continuance procedure without notifying the other party, and the procedure may be used no more than twice.

Requesting to continue a hearing for an unserved Request for Order: Complete and file Judicial Council forms FL-306 Request to Reschedule Hearing, or FL-307 Request to Reschedule Hearing Involving Temporary Emergency (Ex Parte) Orders, and the FL-309 Order on Request to Continue Hearing. No notice to the other party is required since they have not been served. The court will set a new date. No more than two requests to continue may be made using this procedure.

Requests to continue judicial mediation filed fewer than 10 days before the scheduled date will be denied absent good cause, and the court requires the specified application, stipulation, and separate declaration for consideration.

Continuance of judicial mediation is disfavored. Absent good cause, any request for continuance filed less than ten days before the scheduled mediation date will be denied. Local form SUPCV 1013, Application and Stipulation for Order to Continue Trial, and a separate declaration will be required for consideration of a request for continuance.

A stipulation or continuance request may be considered on the ex parte calendar.

Application by stipulation or requests for continuances may be considered on the ex parte calendar.

Stipulated applications and requests for continuances may be considered on the ex parte calendar.

Application by stipulation or requests for continuances may be considered on the ex parte calendar.

Common questions about Santa Cruz Superior Court adjournment & extension requirements

How do I request an adjournment or extension in Santa Cruz Superior Court?

Requests should be made at least 10 calendar days in advance when this rule applies in Santa Cruz Superior Court. The request must include reason for request. A stipulated case-management conference continuance requires form SUPCV 1014, a good-cause declaration, and a proposed order filed at least 10 calendar days before the conference; it may be granted only for good cause, is limited to one continuance per case, and may extend the conference by no more than two months.

View ruleOfficial source Source: page 26, section DIVISION TWO - CIVIL RULES — Rule 2.1.03 Continuances of Case Management Conference

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