Tulare Superior Court Adjournment & Extension Requirements

A trial continuance, including one for a short-cause matter, may be granted only upon an affirmative showing of good cause under California Rules of Court rule 3.1332.

Continuances of all matters set for trial, including short cause matters, will be granted by the judge assigned to hear the case only upon an affirmative showing of good cause within the meaning of California Rules of Court, rule 3.1332.

Continuances require a showing of good cause, and stipulated continuances require approval by the presiding judge of the appellate division.

Continuances will not be granted without a showing of good cause. Continuances by stipulation are subject to approval of the presiding judge of the appellate division.

A hearing may be continued with opposing agreement and calendar-clerk permission using a written stipulation, but not more than twice and not within 24 hours of the hearing absent a specific court order.

Matters set for hearing may be continued with agreement from opposing parties or counsel and permission from the calendar clerk. A written stipulation by the parties or counsel must be sent to the calendar clerk. No such matter will be continued more than two times or within 24 hours of the time set for hearing without a specific order of the court.

Without opposing agreement, a continuance must be requested in writing by noticed motion or at the hearing, may be granted only for good cause and on appropriate terms, and the matter may not be removed from calendar after a tentative ruling.

If the parties do not agree, the party seeking a continuance can do so on a noticed motion or by a motion made at the time of hearing which the court may grant for good cause shown and upon such terms as the court in its discretion may impose. Only the moving party will be allowed to take a matter off calendar. The request must be in writing. No matter will be taken off calendar by any party once a tentative ruling has been issued.

An appearance is required for every motion or request to continue a trial date.

Appearances are required on all motions and requests to continue trial dates so that a new trial date can be established if the motion or request is granted.

A request to take a matter off calendar requires at least 24 hours' notice unless the court orders the matter removed.

A request to take a matter off calendar requires 24-hour notice, or a court order (Super. Ct. Tulare County, Local Rules, rule 607(a)).

After the tentative ruling issues, no party may take the matter off calendar.

No matter will be taken off calendar by any party after the tentative ruling has issued.

An application to continue a noticed motion must be addressed to the judge of the assigned department and evaluated under the chapter's requirements.

All applications for orders continuing a noticed motion must be addressed to the judge of the department to which the matter is assigned for all purposes and must be considered in light of the requirements of this chapter.

A criminal pretrial conference continuance will be granted only upon affirmative proof in open court that the ends of justice require it.

Continuances of criminal pretrial conferences will not be granted except upon affirmative proof in open court that the ends of justice require a continuance within the meaning of Penal Code section 1050.

A motion to continue a criminal trial must be made to and considered only by the assigned judge, whether filed before the hearing or on the trial day.

All motions to continue trials, whether noticed and set for hearing or made the day of trial, must only be made and considered by the judge to whom the case was assigned.

All continuance requests must comply with California Rules of Court 5.95.

All requests to continue must comply with California Rules of Court 5.95.

A specially set matter may be continued only with unanimous written counsel stipulation and approval from the scheduled court.

If the matter has been specially set, it may not be continued without the written stipulation of all counsel and the approval of the court scheduled to hear the matter.

Absent a showing of good cause, a matter will receive no more than three continuances before being dropped from the calendar.

Without a showing of good cause, no more than three continuances will be granted before the matter is dropped from the calendar.

A stipulated continuance must be submitted and approved at least two court days before the hearing and must establish good cause.

counsel for all parties to a proceeding may stipulate to a continuance, provided that such stipulations are submitted and approved by the court regularly hearing the matter at least two court days prior to the hearing. Such stipulations must establish the existence of good cause for continuance.

A trial-date change requires either a continuance motion supported by a declaration showing good cause or a written stipulation supported by such a declaration and an order.

To change your trial date, you need to file one of the following: Motion for Continuance and a declaration showing a good reason for the continuance; and Written Stipulation, (agreed to by both parties), along with a declaration showing a good reason for the continuance and an order.

Routine requests for orders extending or shortening time must be presented in writing to the clerk for presentation to the presiding judge of the appellate division.

Any request for routine matters such as an order extending or shortening time must be presented in writing to the clerk for the clerk to present to the presiding judge of the appellate division.

The court may grant, deny, or hold a hearing on a request for an extension of time to serve the complaint.

Upon filing the “Request for Extension of Time,” the court may, (1) grant an extension of time to a specified date, (2) deny the request, or (3) conduct a hearing to determine the setting of the date for compliance with these rules.

An intended trial attorney's unavailability is not good cause unless trial counsel was timely designated or every trial attorney in the firm is in trial on the assigned date.

Where there is more than one attorney in a firm, the unavailability of the particular attorney who intends to try the case will not be considered good cause for a continuance unless, (1) trial counsel is designated by giving notice to the court and to all parties within 30 days of the case management conference, or (2) all trial attorneys in the firm are in trial on the assigned trial date.

Felony criminal cases are intended to proceed to trial within 60 days, and time waivers are generally discouraged and accepted only in unusual and extreme circumstances.

It is the policy of this court that all felony criminal cases will be brought to trial within 60 days of the filing of the indictment or filing of the information. Time waivers are discouraged and will not be accepted, except in unusual and extreme circumstances.

Written opposition to a pre-approved matter automatically causes a two-week continuance and written notice to petitioner’s counsel unless the court directs otherwise.

If, at the time set for hearing on any such pre-approved matter, any opposition to requested relief is offered in writing, the matter will automatically be continued two weeks and written notice will be given by the clerk to petitioner’s counsel of record, unless otherwise directed by the court.

A request denied without a hearing for failure to meet statutory or local requirements is continued two weeks without requiring good cause.

If the court refuses to approve the request without hearing due to the petitioner’s failure to satisfy statutory or local rules requirements, the matter will be continued for two weeks, without a showing of good cause.

Counsel must request continuances in court or through the probate judge’s clerk, and an opposed matter requires an open-court request or unanimous written stipulation to a clerk-arranged date.

Continuances requested by counsel may be made only in court, or through the probate judge’s clerk. A continuance will not be granted if there is opposing counsel unless a request is made in open court, or by written stipulation of all counsel, to a date arranged by the probate clerk.

An oral objection to a probate petition may receive a continuance of up to four weeks only if the objector declares that a written contest will be filed; otherwise the hearing proceeds without regard to the objection.

If a petition for probate of a will is called for a hearing, and an attorney or party appears and orally objects, the court will continue the hearing for a reasonable length of time, not exceeding four weeks, if the party objecting declares that a written contest will be filed. If such written contest is not actually filed prior to the continued date, the hearing will proceed as if no objection had been made.

A hearing may be continued only upon a showing of good cause and in the hearing officer's discretion.

Upon a showing of good cause and at the discretion of the hearing officer, a hearing may be continued pursuant to Welfare and Institutions Code section 5334(a).

The extension-of-time form requires counsel's certification, the current filing deadline and original-complaint filing date, the requested extended deadline, and supporting facts.

I certify that I am counsel for . I represent to the court that the date by which the above entitled document is to be filed pursuant to Local Rules of the Superior Court of Tulare County is _________________ . Request is hereby made to extend the time to: __________. The facts in support of this request are: I certify that the original complaint was filed on: