Sierra Superior Court Adjournment & Extension Requirements

CRITICAL

Stipulated extensions under Government Code § 68616 must be in writing and filed with the Clerk.

(f) Stipulated extensions of time as provided in Government Code § 68616 shall be in writing and filed with the Clerk.

CRITICAL

A motion to continue a criminal trial is disfavored and must be denied unless the moving party establishes under Penal Code § 1050 that the interests of justice require it.

Motions to continue the trial of a criminal case are disfavored and shall be denied unless the moving party, pursuant to Penal Code § 1050, establishes that the interests of justice require a continuance. (Eff. 01/01/09.)

CRITICAL

Requests to continue should be noticed for the case management conference calendar. If there is insufficient time to notice the request on a regular civil law and motion day, counsel should contact the Court at (530) 289- 3698 to specifically set the request. Counsel may appear in person or telephonically for this request. A stipulation by the parties to continue the hearing/trial date is not sufficient.

Requests to continue should be noticed for the case management conference calendar. If there is insufficient time to notice the request on a regular civil law and motion day, counsel should contact the Court at (530) 289- 3698 to specifically set the request. Counsel may appear in person or telephonically for this request. A stipulation by the parties to continue the hearing/trial date is not sufficient.

CRITICAL

Any extension other than a qualifying stipulated extension requires a written motion supported by a declaration of good cause.

Any other extensions shall only be after a written motion, supported by a declaration of good cause.

WARNING

If discovery, reports, or proposed modifications have not been made available to all counsel, an affected party or the Court may request a continuance, to the extent permitted by law.

(e) If any discovery, reports, or proposed modifications have not been made available to all counsel, then any affected party or the Court may request a continuance of the hearing to the extent permitted by law.

WARNING

Time waivers are accepted, and continuances are granted only upon a showing of good cause.

Time waivers will be accepted, and continuances granted only on a showing of good cause.