Siskiyou Superior Court Adjournment & Extension Requirements

CRITICAL

Ex parte applications for extensions of time must be submitted to the Court clerk, who presents them to the presiding Appellate Division judge for review.

All ex parte applications for extensions of time or other routine matters must be submitted to the clerk of the Court, who will present the application to the presiding judge of the Appellate Division for review.

CRITICAL

The Court generally grants an agreed continuance when all counsel and self-represented parties agree on the new date and time, provided the reporting party gives the required notice at least two court days before the hearing and files written confirmation before the hearing.

The Court generally will grant a continuance of a hearing on the law & motion calendar if all counsel and parties in propria persona are in agreement that such hearing be continued and are in agreement as to the date and time to which the matter will be continued. To obtain such a continuance, the attorney or unrepresented party reporting the agreement must notify the court calendar coordinator, in person or by telephone, not later than 4:00 P.M., at least two (2) court days before the scheduled hearing. (For example, if the hearing is on a Monday then the telephonic notice must be given no later than 4:00 P.M. on the preceding Thursday.) The notifying party must also file, prior to the date and time of the hearing, a written notice confirming the agreement. Both the telephonic and written notice must state that all counsel and unrepresented parties are in agreement and must state the date and time to which the hearing is continued.

CRITICAL

When a law-and-motion hearing is expected to exceed 15 minutes, counsel must notify the calendar coordinator and the opposing side in person or by telephone by the close of the third court day before the hearing; the Court may continue the hearing.

"Extended hearing" means a hearing that requires more than fifteen (15) minutes, total, to present and argue, unless otherwise defined by these Rules. If the attorney for any party determines that a matter set on the law & motion calendar is likely to require more than a total of 15 minutes, counsel must notify the court calendar coordinator and opposing counsel or unrepresented party, in person or by telephone, no later than the close of the third court day prior to the hearing date, that the matter will require an extended hearing, in which case the matter may be continued by the Court to another date and time certain.

CRITICAL

Stipulated extensions of the specified case-development deadlines are not allowed except to the limited extent permitted by CRC Rule 3.110(d).

Except to the limited extent permitted by CRC Rule 3.110(d), no extensions of the aforesaid times that are based on stipulation between the parties will be allowed.

CRITICAL

The Court will allow stipulated extensions beyond the statutory period only upon ex parte application.

Stipulated extensions of time for periods longer than permitted by statute will be allowed by the Court only upon ex parte application

CRITICAL

Trial dates may be changed only with Court approval, and motions to advance, reset, specially set, or continue a trial date must be made on written notice to appeared parties and set for hearing.

All dates for trial are firm; no trial date will be changed without Court approval. Motions to advance a trial date, to reset or specially-set a case for trial, or to continue a trial date must be made on written notice to all parties who have appeared, and must be set for hearing.

CRITICAL

A stipulation may replace a motion to continue or reset trial only if all parties agree in writing, it states good cause and that it is subject to Court approval, and it includes a proposed Order.

A stipulation to continue a trial, or to vacate a trial date and calendar the matter for re- setting, may be accepted in lieu of a motion as long as 1) all parties agree in writing; 2) the terms of the written stipulation set forth good cause pursuant to California Rule of Court 3.1332, and further state that the stipulation is subject to approval by the Court; and the stipulation is accompanied by a proposed Order.

CRITICAL

An arbitration hearing may not be continued beyond 90 days after assignment unless the Court orders an extension on application and for good cause shown.

In no case may an arbitration hearing be continued to a date later than ninety (90) days after the effective date of assignment to the arbitrator, except by order of the Court, made on application and for good cause shown in accordance with Rule 3.817 of the California Rules of Court.

CRITICAL

A motion to continue a preliminary examination is disfavored and requires affirmative proof of statutory good cause and that the ends of justice require a continuance, except when Penal Code §1050(k) applies; party stipulation alone and substitution of counsel alone do not establish good cause.

Unless Penal Code §1050(k) applies, motions to continue a preliminary examination are disfavored, and will 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 there is good cause to continue the preliminary examination and the ends of justice require the continuance. A stipulation by all parties to continue the preliminary examination, by itself, does not constitute good cause. Likewise, substitution of counsel does not automatically constitute good cause for a continuance.

CRITICAL

A pre-trial conference may be continued only upon a showing of actual good cause.

The pre-trial conference will not be continued without actual good cause shown.

CRITICAL

Continuance motions must be noticed and heard as early as possible and, absent good cause, may not be heard after the pre-voir-dire conference.

Motions for continuances shall be noticed and heard at the earliest possible time, and absent a showing of good cause, shall not be heard after the pre-voir dire conference.

CRITICAL

A party must request an infraction-trial continuance at least five court days in advance; a later continuance may be granted if required in the interests of justice or for good cause.

No continuance of a trial on an infraction will be permitted unless the party who wants the continuance requests same at least five (5) court days in advance of the scheduled date; no continuance will be granted thereafter, unless required in the interests of justice and/or if good cause is shown.

WARNING

The party who requested an official court reporter must notify the court manager and reporter’s office at least 24 hours before a proceeding that is settled, continued, or otherwise will not proceed as calendared.

If the proceeding for which an official court reporter has been requested is settled or continued, or for any other reason does not go forward as calendared, it is the duty of the party who requested the reporter to so notify both the court manager and the office of the official court reporter, not later than 24 hours prior to the scheduled proceeding.

WARNING

Upon receiving the telephonic notice, the court calendar coordinator will notify the appropriate judge of the agreement to continue. If for any reason the judge will not grant the continuance, the court calendar coordinator will immediately convey that information to the reporting attorney or party. In the absence of such response, counsel and parties can assume that the continuance is approved.

Upon receiving the telephonic notice, the court calendar coordinator will notify the appropriate judge of the agreement to continue. If for any reason the judge will not grant the continuance, the court calendar coordinator will immediately convey that information to the reporting attorney or party. In the absence of such response, counsel and parties can assume that the continuance is approved.

WARNING

Violations of the continuance rule may result in sanctions under the cited authorities or other appropriate authority.

Violations of this Rule may result in the imposition of sanctions pursuant to Rule 2.30 of the California Rules of Court, Code of Civil Procedure §177.5, or any other appropriate authority.

WARNING

If the plaintiff contacts the Court prior to the hearing date, the hearing date will be continued for a reasonable amount of time to allow for proper service upon the defendant.

If the plaintiff contacts the Court prior to the hearing date, the hearing date will be continued for a reasonable amount of time to allow for proper service upon the defendant.

WARNING

A small claims action with no plaintiff appearance at the scheduled hearing will be dismissed without prejudice unless the plaintiff complies with the statutory requirements for requesting a continuance.

The Court will dismiss, without prejudice, any small claims action for which there is no appearance by the plaintiff at the scheduled hearing, unless the plaintiff complies with the requirements of Code of Civil Procedure Section 116.570 as to requesting a continuance.

WARNING

When an uncounseled defendant at arraignment is hiring or attempting to hire private counsel, the case may be continued for counsel and an initial plea, but not beyond 14 calendar days after first appearance absent good cause.

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; the continuance will not extend beyond fourteen (14) calendar days from the date of first appearance, absent a showing of good cause for a later appearance.

WARNING

The Court disfavors continuance requests unless good cause is shown.

The Court looks with disfavor on requests for continuances, unless good cause is shown.

WARNING

A regularly set matter found not ready at the hearing will be continued at the Court’s discretion, and after a second continuance it may be removed from calendar or denied without prejudice unless a further-continuance application is granted following personal appearance in court.

On the call of the calendar, any regularly-set matter that is found to be “not ready for hearing” will be continued until a future date, to be determined at the Court’s discretion. A matter is considered to be not ready if the pleading, notice of hearing, or documents purporting to cure discrepancies therein are not filed by the hearing date. If the matter is not ready by the time of any second continuance, it may be ordered off-calendar or denied without prejudice, unless an application for a further continuance, made upon the personal appearance in court of counsel or self-represented party is granted.

WARNING

The Court may continue the proceeding for up to 30 days when necessary to appoint counsel and allow counsel to become familiar with the case.

The Court may continue the proceeding for not more than 30 days, as necessary, to appoint counsel and to enable counsel to become acquainted with the case.