Shasta Superior Court Adjournment & Extension Requirements

At least two court days before a law-and-motion hearing, a party seeking a continuance or withdrawal must file and serve the appropriate notice, and a continuance notice must state counsel’s agreement, the continued date and time, and include proof of service.

A party seeking to continue a law and motion hearing, or who does not intend to proceed in any matter on the date set, must file with the Court and serve on all parties a notice of continuance or withdrawal of the hearing date, at least two court days before the originally scheduled hearing date. A notice of continuance must contain a declaration by counsel that all parties to the law and motion proceeding have agreed to the continuance, a continued hearing date and time must be set forth, and proof of service must be attached.

A request to toll or extend the 180-day period requires at least 10 days' prior written notice to the prosecuting agency and County Counsel, with proof of notice filed.

In all cases wherein a moving party requests that the 180-day period be tolled pursuant to Penal Code §1305(e), or extended pursuant to Penal Code §1305.4, the moving party shall give to the prosecuting agency and County Counsel at least 10 days prior written notice of the motion pursuant to Penal Code §1305(k), and proof of such notice shall be filed with the court.

Continuances of any hearing, including trial, are disfavored and must be denied unless the moving party submits affirmative proof under Penal Code §1050 that the ends of justice require a continuance; a party stipulation or substitution of counsel is not automatically good cause.

Motions to continue any hearing, including trial, are disfavored and shall be denied unless the moving party, pursuant to and in accordance with Penal Code §1050, presents affirmative proof that the ends of justice require a continuance. A stipulation by all parties to continue a hearing does not constitute good cause, by itself. Substitution of counsel does not automatically constitute good cause for a continuance.

Unless good cause is shown, a motion to continue a preliminary examination must be heard at the scheduled felony plea or disposition conference.

(A) Absent good cause shown, a motion to continue the preliminary examination shall be heard at the time of the felony plea/disposition conference scheduled for the case.

Preliminary-examination continuance motions are disfavored and must be denied unless the moving party presents affirmative proof that justice requires a continuance; a party stipulation or substitution of counsel alone does not establish good cause.

(B) Motions to continue the preliminary examination are disfavored and shall be denied unless the moving party, pursuant to and in accordance with Penal Code §1050 and the particular statutes pertaining to continuances of preliminary examinations, presents affirmative proof that the ends of justice require a continuance. A stipulation by all parties to continue the preliminary examination does not constitute good cause, by itself. Substitution of counsel, does not automatically constitute good cause for a continuance.

The 60-day administrative-record deadline may be extended before expiration by a stipulation signed by all parties with court approval or by noticed motion.

An extension of the sixty (60) day period may be requested by filing a stipulation signed by all parties and obtaining court approval of the extension(s) prior to the expiration of the sixty (60) day period. Alternatively, an extension may be requested on noticed motion prior to the expiration of the sixty (60) day period.

When an unrepresented defendant is hiring private counsel, the arraignment may be continued for counsel's appearance and an initial plea for no more than seven calendar days, unless good cause supports a later appearance.

In cases in which a defendant appears at arraignment without counsel and advises the court that he or she is in the process of hiring or attempting to hire private counsel, the case may be continued for appearance of counsel and initial plea no more than seven (7) calendar days from the date of first appearance, absent a showing of good cause for a later appearance.

On a request made before the scheduled arraignment, the clerk may continue the initial arraignment for up to 14 calendar days, except for defendants released on bail or charged with a felony-grade offense.

The clerk of the court is authorized by the court upon the request of a defendant or his or her counsel made prior to the date set for arraignment, to continue the initial arraignment up to fourteen (14) calendar days. This authorization does not apply: (1) to any case in which a defendant has been released on bail or (2) to any case in which a defendant has been charged with a felony grade offense.

A settlement conference may not be continued unless actual good cause is shown.

The settlement conference shall not be continued without actual good cause shown.

A request for continuance of court trial must be received at least 10 working days before the trial date, although an untimely request may be granted when the interest of justice requires it.

A request for continuance of court trial must be received at least ten (10) working days in advance of the trial date. An untimely request for continuance will not be granted unless the interest of justice shall so require.

An attorney may request an extension of up to 30 days before the deadline by showing good cause in a sworn declaration submitted with the extension application.

A failure to comply with the time requirement may also be excused if the attorney, in advance of expiration of such time period, makes an application for an extension of the time period, for up to 30 days, and shows good cause for an extension of the time period in a declaration made under penalty of perjury, submitted with the application for extension of the time period.

The court sets a tentative hearing date and briefing schedule at the status conference and may advance or continue them on its own motion or a noticed party motion showing good cause.

(b) Briefing schedule and hearing on the petition. The court shall set a tentative date for a hearing on the petition and set a tentative briefing schedule at the status conference. The hearing date and the briefing schedule may be advanced or continued by the Court on its own motion or on noticed motion of a party for good cause shown.