Stanislaus Superior Court Adjournment & Extension Requirements

CRITICALProposed or draft document; may not be in force

If timely service on the defendant is not possible, the plaintiff may request a later hearing by filing form SC-150 with the Court Clerk at least two days before the scheduled hearing.

If the plaintiff is unable to serve the defendant timely, the plaintiff may request a later hearing date by filing Judicial Council form SC-150, Request to Postpone Trial with the Court Clerk at least two (2) days prior to the date set for hearing.

CRITICALProposed or draft document; may not be in force

Continuance motions are generally disfavored and, except in very unusual circumstances, must be written, filed and served at least two court days before the hearing, use Local Form CR-003, include supporting points and authorities and a declaration of specific facts, and state the opposing party’s position and proposed new date and witness availability.

A. As set forth in the Court’s Continuance Policy, motions to continue are generally disfavored. Except in very unusual circumstances, a written motion for continuance, as required by Penal Code § 1050, shall be filed and served on all parties to the proceeding at least two (2) court days before the hearing to be continued. Motions must be submitted on Local Form CR-003, Notice of Motion to Continue Hearing together with (1) a memorandum of points and authorities is support of the motion; and, (2) a declaration(s) detailing specific facts showing that a continuance is necessary. The declaration shall state the following: (1/1/23) 1. Position of opposing counsel or party to the motion to continue; 2. Proposed new date of hearing or trial, and availability of all material witnesses for the proposed new date; and,

CRITICALProposed or draft document; may not be in force

A continuance request must be made at least two Court days before its deadline for the Clerk’s Office to act; all other requests must be presented to the judicial officer hearing the traffic calendar.

The Clerk’s Office authority to grant the foregoing requests for continuance only extends to timely requests. Timely means the request for continuance must be made at least two Court days prior to the deadline from which the request for continuance is being made. All other requests for continuances shall be presented to the judicial officer hearing the traffic calendar pursuant to Penal Code 1050.

CRITICALProposed or draft document; may not be in force

Time waivers and continuances are permitted only upon a showing of exceptional circumstances in dependency cases or good cause in justice cases.

Time waivers will be accepted and continuances granted only on a showing of exceptional circumstances in dependency cases or good cause in justice cases.

CRITICALProposed or draft document; may not be in force

A set multi-day hearing may be vacated or continued only after a noticed written motion, unless good cause exists, and any continuance request must be made at the earliest practical opportunity.

Once set, multi-day hearings shall only be vacated and continued subsequent to a noticed written motion unless good cause exists. Any request to continue must be made at the earliest practical opportunity.

CRITICALProposed or draft document; may not be in force

A motion to continue must be filed no later than two court days before its hearing.

Pursuant to statute, all motions to continue must be filed no later than two court days prior to the hearing on the motion.

CRITICAL

At the conclusion of a continuance motion, the court must determine whether good cause exists and, if it does, state the supporting facts on the record; whenever possible, the rescheduled event must occur within 30 days of the continuance.

D. At the conclusion of the motion for continuance, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. Whenever possible, the Court shall hold the rescheduled court event no later than 30 days after the date from which it was continued.

CRITICAL

If timely service on the defendant is not possible, the plaintiff may request a later hearing by filing form SC-150 with the Court Clerk at least two days before the hearing.

If the plaintiff is unable to serve the defendant timely, the plaintiff may request a later hearing date by filing Judicial Council form SC-150, Request to Postpone Trial with the Court Clerk at least two (2) days prior to the date set for hearing.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Continuances are generally disfavored; except in very unusual circumstances, a written motion must be filed and served at least two court days before the hearing, using Form CR-003 with supporting papers and a declaration stating the specified information.

A. As set forth in the Court’s Continuance Policy, motions to continue are generally disfavored. Except in very unusual circumstances, a written motion for continuance, as required by Penal Code § 1050, shall be filed and served on all parties to the proceeding at least two (2) court days before the hearing to be continued. Motions 59 ===== PAGE 60 ===== Stanislaus County Superior Court must be submitted on Local Form CR-003, Notice of Motion to Continue Hearing together with (1) a memorandum of points and authorities is support of the motion; and, (2) a declaration(s) detailing specific facts showing that a continuance is necessary. The declaration shall state the following: (1/1/23) 1. Position of opposing counsel or party to the motion to continue; 2. Proposed new date of hearing or trial, and availability of all material witnesses for the proposed new date; and, 3. Number of times the matter has been continued, by which party(ies), and reasons for prior continuance(s).

CRITICAL

The Clerk’s Office may grant up to two continuances of no more than 30 days each for the appear/respond-by date.

The Clerks’ Office has authority to grant up to two (2) separate continuances, for not more than thirty (30) days each, of the “appear/respond by” date.

CRITICAL

For a fine that has not yet been adjudicated, the Clerk’s Office may grant up to two continuances of no more than 30 days each for the payment due date.

The Clerk’s Office has authority to grant up to two (2) separate continuances for not more than thirty (30) days each, of the due date to pay a fine that has not yet been adjudicated.

CRITICAL

Unless a further proceedings hearing is scheduled, the Clerk’s Office may grant up to two continuances of no more than 30 days each for the Traffic School completion date, measured from the original completion date.

Unless the case has been scheduled for a further proceedings hearing, the Clerk’s Office has authority to grant up to two (2) separate continuances, for not more than thirty (30) days each, of the Traffic School completion date from the date of the original completion date.

CRITICAL

Time waivers and continuances are allowed only upon the stated showing: exceptional circumstances in dependency cases or good cause in justice cases.

Time waivers will be accepted and continuances granted only on a showing of exceptional circumstances in dependency cases or good cause in justice cases.

CRITICAL

A motion to continue must be filed no later than two court days before its hearing.

Pursuant to statute, all motions to continue must be filed no later than two court days prior to the hearing on the motion.

CRITICAL

The parties may stipulate without court leave to one 15-day extension of the 30-day response period; any other extension requires court approval.

The parties may stipulate, without leave of Court, to one fifteen (15) day extension beyond the thirty (30) day time period prescribed for the response after service of the initial petition. The Court must approve any other extensions of time to respond.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

The Court may modify the service and response times; an application to extend the time to serve must be filed before that time expires and include a declaration explaining why service has not been effected, documenting service efforts, and stating the proposed completion date.

The Court, on its own motion or on the application of a party, may extend or otherwise modify the 105 ===== PAGE 106 ===== Stanislaus County Superior Court times provided in subdivisions B and C. An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. The application must be accompanied by a declaration showing why service has not been affected, documenting the efforts that have been made to complete service, and specifying the date by which service is proposed to be completed.

WARNINGProposed or draft document; may not be in force

Parties proposing new settlement conference or trial dates by stipulation must clear the specific dates with the department clerk in advance, but clearance does not guarantee court approval.

If the parties wish to stipulate to new settlement conference and/or trial dates, the specific dates must be cleared in advance with the clerk of the department. Clearance of said dates does not mean that the stipulation will be approved by the Court.

WARNINGProposed or draft document; may not be in force

Small claims continuances may be granted only for good legal cause and for a reasonable period, as cases are to be heard as soon as possible.

Small claims cases are to be heard at the earliest possible date; therefore, continuances may be granted for good legal cause, and then only for a reasonable period of time.

WARNINGProposed or draft document; may not be in force

Failure to provide a required courtesy copy is not grounds to deny a motion or disregard a response, but may be grounds to continue the hearing.

Failure to deliver or email a courtesy copy of pleadings to the courtroom in which the case is assigned as required by Rule 4.04A shall not constitute grounds to deny a motion or disregard a responsive pleading, but it may serve as grounds to continue the hearing.

WARNINGProposed or draft document; may not be in force

A party may request permission to exceed the 15-page limit by written notice to the court scheduled to hear the motion, two days before the motion is filed or the response is due.

Any party may request by written notice to the court scheduled to hear the motion, a request to exceed the fifteen (15) page limitation two (2) days before the motion is to be filed or response due.

WARNINGProposed or draft document; may not be in force

The continuance information must state how many times the matter has been continued.

3. Number of times the matter has been continued, by which party(ies), and reasons for prior continuance(s).

WARNINGProposed or draft document; may not be in force

The Clerk’s Office may grant up to two separate continuances of the “appear/respond by” date, each for no more than 30 days.

The Clerks’ Office has authority to grant up to two (2) separate continuances, for not more than thirty (30) days each, of the “appear/respond by” date.

WARNINGProposed or draft document; may not be in force

The Clerk’s Office may grant up to two separate continuances of the due date for an unadjudicated fine, each for no more than 30 days.

The Clerk’s Office has authority to grant up to two (2) separate continuances for not more than thirty (30) days each, of the due date to pay a fine that has not yet been adjudicated.

WARNINGProposed or draft document; may not be in force

Unless the case is scheduled for a further proceedings hearing, the Clerk’s Office may grant up to two continuances of the Traffic School completion date, each for no more than 30 days from the original completion date.

Unless the case has been scheduled for a further proceedings hearing, the Clerk’s Office has authority to grant up to two (2) separate continuances, for not more than thirty (30) days each, of the Traffic School completion date from the date of the original completion date.

WARNINGProposed or draft document; may not be in force

The parties may stipulate without court leave to one 15-day extension of the response period; any other extension requires Court approval.

The parties may stipulate, without leave of Court, to one fifteen (15) day extension beyond the thirty (30) day time period prescribed for the response after service of the initial petition. The Court must approve any other extensions of time to respond. (7/1/20)

WARNINGProposed or draft document; may not be in force

When necessary to address calendar conflicts, counsel should contact opposing counsel before the hearing date to arrange a continuance.

Such arrangements include, where necessary, contacting opposing counsel in the advance of the hearing date to arrange a continuance.

WARNINGProposed or draft document; may not be in force

When a person cited for contempt appears without an attorney, one continuance normally will be granted to allow the person to retain counsel.

A. Continuance: If a person cited for contempt appears without an attorney, one continuance normally will be granted to permit the citee to retain counsel.

WARNINGProposed or draft document; may not be in force

In appropriate cases, the Court may continue sentencing to allow compliance with Court orders.

I. Continuance of sentencing: In appropriate cases, the Court may permit a continuance of sentencing to assure compliance with Court orders. (7/1/20)

WARNINGProposed or draft document; may not be in force

A guardianship matter may be continued for mediator review to allow the parties to change the parent’s circumstances and seek agreement on returning the child or continuing the guardianship.

The matter may be continued for review by the mediator to allow the parties to modify and/or change the circumstances of the parent in such a fashion that an agreement is reached to either return the child to the parent or continue with the guardianship.

WARNING

The listed case-related circumstances, including illness or a family emergency of counsel, are factors relevant to continuance decisions.

the cases; whether either defendant waived their right to a speedy trial; the relative impact on the Court’s calendar of a particular case proceeding as scheduled; whether either cases involves out-of-town witnesses, parties or counsel; the relative age of the cases; the matter that was first set; any priority granted by rule or statute; and any other pertinent factor; 7. Illness or family emergency of counsel.

WARNING

A continuance may be granted only for good legal cause and for a reasonable period of time.

Continuances may be granted for good legal cause, and then only for a reasonable period of time.

WARNING

If the Court double-sets a trial because it believes the trial may be unnecessary due to a disposition, it will grant a motion to continue if the conflict is not resolved by disposition before trial.

5. In its discretion, the Court may choose to set a trial that conflicts with a previously set trial if it believes that its trial will not be necessary because of a disposition. If the Court chooses to do so, it will note in the record that if the conflicting trial is not resolved by disposition prior to trial, the Court will grant a motion to continue it.

WARNING

A continuance motion should be placed on calendar at least five court days before the scheduled event.

If a motion for continuance is to be made, that matter should be placed on calendar no less than five (5) court days prior to the scheduled event along with payment of the filing fee for the motion.

WARNING

When the parties or counsel agree a continuance is necessary, a Stipulation and Order should be submitted with the filing fee at least five court days before the scheduled event.

If the parties and/or counsel agree that a continuance is necessary, a Stipulation and Order should be submitted to the Court no less than five (5) court days prior to the scheduled event along with the filing fee.

WARNING

When necessary to manage a calendar conflict, counsel should contact opposing counsel before the hearing date to arrange a continuance.

Such arrangements include, where necessary, contacting opposing counsel in the advance of the hearing date to arrange a continuance.

WARNING

When a person cited for contempt appears without an attorney, one continuance normally will be granted to allow the person to retain counsel.

A. Continuance: If a person cited for contempt appears without an attorney, one continuance normally will be granted to permit the citee to retain counsel. (7/1/20)

WARNING

In appropriate cases, the Court may continue sentencing to assure compliance with its orders.

I. Continuance of sentencing: In appropriate cases, the Court may permit a continuance of sentencing to assure compliance with Court orders. (7/1/20)

INFO

The matter may be continued for mediator review so the parent’s circumstances can be modified toward an agreement about the child’s placement or guardianship.

The matter may be continued for review by the mediator to allow the parties to modify and/or change the circumstances of the parent in such a fashion that an agreement is reached to either return the child to the parent or continue with the guardianship.

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

The Clerk’s Office authority to grant the foregoing requests for continuance only extends to timely requests. Timely means the request for continuance must be made at least two Court days prior to the deadline from which the request for continuance is being made. All other requests for continuances shall be presented to the judicial officer hearing the traffic calendar pursuant to Penal Code 1050.

Not confirmed. Read the court's wording below.CRITICAL?

Once set, multi-day hearings shall only be vacated and continued subsequent to a noticed written motion unless good cause exists. Any request to continue must be made at the earliest practical opportunity.

Not confirmed. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

2. Requests to continue the mediation session less than ten (10) days before the scheduled mediation session, unless good cause is shown.

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

Proposed or draft document; may not be in force

If a motion for continuance is to be made, that matter should be placed on calendar no less than five (5) court days prior to the scheduled event along with payment of the filing fee for the motion. If the parties and/or counsel agree that a continuance is necessary, a Stipulation and Order should be submitted to the Court no less than five (5) court days prior to the scheduled event along with the filing fee. Any stipulation and order must 125 ===== PAGE 126 ===== Stanislaus County Superior Court state the reason for the continuance, and the parties and/or counsel shall obtain the next available date from the courtroom clerk in the department to which the case is assigned for all purposes.

Not confirmed. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

If the Stipulation and Order is not timely received by the Court, the Stipulation and Order must state the reason for the continuance, and the parties or counsel shall obtain the next available date from the courtroom clerk in the department that the case is assigned for all purposes.

Not confirmed. Read the court's wording below.WARNING?

Requests to continue the mediation session less than ten (10) days before the scheduled mediation session, unless good cause is shown.