Trinity Superior Court Adjournment & Extension Requirements

CRITICAL

An attorney may seek an extension of up to 30 days before the filing period expires by submitting an application with a declaration under penalty of perjury showing good cause.

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.

CRITICAL

An attorney may seek an extension of up to 30 days before the filing period expires by submitting an application with a declaration under penalty of perjury showing good cause.

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.

CRITICAL

Unless good cause is shown, a motion to continue a preliminary examination must be heard at the scheduled felony pre-prelim conference.

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

CRITICAL

A preliminary-examination continuance is disfavored and must be denied unless the moving party presents affirmative proof under the applicable statutes that the ends of justice require it; party stipulation alone and substitution of counsel do not automatically 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.

CRITICAL

Continuance motions for any hearing, including trial, are disfavored and must be denied unless the moving party presents affirmative proof under Penal Code §1050 that the ends of justice require a continuance; party stipulation alone is not good cause, and substitution of counsel does not automatically establish 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.

CRITICAL

Continuance motions are disfavored and must be denied unless the moving party presents affirmative proof under Penal Code §1050 that the ends of justice require a continuance; a stipulation or substitution of counsel alone does not establish good cause.

(C) 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.

CRITICAL

A party seeking a continuance must file and serve notice at least two court days before the hearing; the notice must state that all parties agree, give the new hearing 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.

CRITICAL

A court-trial continuance request must be received at least 10 working days before trial; an untimely request may be granted only 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.

CRITICAL

A preliminary-examination continuance is disfavored and must be denied unless the moving party presents affirmative proof under the applicable statutes that the ends of justice require it; an all-party stipulation or substitution of counsel alone does not automatically 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.

CRITICAL

An extension of the sixty-day period may be requested by a stipulation signed by all parties with court approval, or by noticed motion, in either case before the period expires.

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.

CRITICAL

The parties must be prepared to discuss the case facts and trial-witness availability, and the final pretrial conference may not be continued without actual good cause.

(D) Both sides shall be fully prepared and able to discuss the facts of the case and the availability of witnesses for trial. The final pretrial conference shall not be continued without actual good cause shown.

CRITICAL

A continuance or withdrawal notice must be filed and served at least two court days before the hearing; continuances require counsel’s declaration of agreement and a proposed new date and time, but the Court may reject the notice or select a different date.

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 notice of withdrawal must have a proof of service attached. Notwithstanding any agreement by the parties, the Court may reject a continuance or notice of withdrawal, and/or select a new continued hearing date different from the date set forth by the parties. Failure of the moving party to comply with this rule may result in the matter being taken off calendar or deemed to have been submitted for the Court’s ruling, and/or the imposition of monetary sanctions.

CRITICAL

Unless good cause is shown, a motion to continue a preliminary examination must be heard at the case’s scheduled felony pre-prelim conference.

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

CRITICAL

A party requesting tolling or an extension of the 180-day period must provide the prosecuting agency and County Counsel at least 10 days’ prior written notice and file proof of notice.

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.

CRITICAL

A court-trial continuance request must be received at least 10 working days before trial; an untimely request is granted only if 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.

CRITICAL

The final pretrial conference may not be continued unless actual good cause is shown.

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

WARNING

The Court may reject a continuance or withdrawal despite party agreement, choose a different hearing date, and impose the stated consequences for noncompliance.

Notwithstanding any agreement by the parties, the Court may reject a continuance or notice of withdrawal, and/or select a new continued hearing date different from the date set forth by the parties. Failure of the moving party to comply with this rule may result in the matter being taken off calendar or deemed to have been submitted for the Court’s ruling, and/or the imposition of monetary sanctions.

WARNING

If a party fails to comply with the discovery rule or an order, the court may grant a continuance, among other remedies.

(E) In the event of a failure to comply with this rule or an order of discovery, the court may grant a continuance, exclude the evidence not disclosed, dismiss the case if required by the United States Constitution, or order any other relief or sanction available at law or under these rules.

WARNING

The court will normally set the certification hearing at the initial status conference; for good cause, the court or a party by noticed motion may advance or continue it.

A hearing date to certify the administrative record will normally be set by the court at the initial status conference and may be advanced or continued by the court or on noticed motion of a party for good cause shown.

WARNING

An extension may be requested either by a stipulation signed by all parties with court approval or by noticed motion, in either case before the 60-day period expires.

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.

WARNING

The court will normally set the record-certification hearing at the initial status conference; the court or a party on noticed motion may advance or continue it for good cause.

A hearing date to certify the administrative record will normally be set by the court at the initial status conference and may be advanced or continued by the court or on noticed motion of a party for good cause shown.

WARNING

The Court may advance or continue the petition hearing date and briefing schedule on its own motion or on a party’s noticed motion upon a showing of good cause.

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.

WARNING

The Court may advance or continue the hearing date and briefing schedule on its own motion or on a party’s noticed motion for good cause.

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.