Tuolumne Superior Court Adjournment & Extension Requirements

CRITICAL

Requests to continue criminal trials must comply with Penal Code section 1050.

Requests for continuances of criminal trials shall comply with the requirements set forth in Penal Code section 1050.

CRITICAL

Continuance requests or motions are discouraged and will be granted only on a showing of good cause.

Requests and/or motions for continuance of a trial are discouraged and will be granted only upon good cause shown.

CRITICAL

Stipulated continuance requests for jury, bench, and short-cause trials outside Delay Reduction Cases must be made in writing to the Court.

Requests for stipulated continuances of jury trials, bench trials, and short-cause trials, other than in Delay Reduction Cases, shall be made in writing to the Court.

CRITICAL

A motion to continue must be filed in a Delay Reduction Case.

A motion to continue shall be filed in Delay Reduction Cases.

CRITICAL

A continuance in a Delay Reduction Case requires a noticed motion supported by a declaration showing necessity, unless the Court waives the noticed-motion requirement.

Continuances of trials in Delay Reduction Cases shall occur only upon noticed motions, supported by a declaration demonstrating the necessity for the continuance, unless the requirement of a noticed motion is waived by the Court.

CRITICAL

A motion to continue a trial or specially set hearing will not be entertained on the scheduled date absent the most extraordinary circumstances.

Motions for continuance of a trial or specially set hearing will not be entertained on the date set for trial or hearing except under the most extraordinary circumstances.

CRITICAL

When a continuance motion is made on the scheduled trial or hearing date under extraordinary circumstances, it must be made in person before the judge in the department where the trial was set.

In that event, all such motions shall be made in person before the judge in the department where the trial has been set.

CRITICAL

A party seeking to change a hearing date must file a written application showing good cause and a proposed order at least five court days before the hearing.

Any party seeking a change of hearing date set under this section must file a written application showing good cause for the change, together with a proposed order, no later than five (5) court days in advance of the hearing.

CRITICAL

Only one continuance per side will be granted; afterward, the Court may drop the matter from the calendar if it does not proceed.

Only one (1) continuance per side will be granted. Thereafter, if the matter does not proceed, it may be dropped from calendar at the discretion of the Court.

WARNING

Parties planning to seek a continuance are expected to inform the Court as soon as practicable.

Because the Court reviews calendared matters well in advance of the hearing date, parties that plan to request a continuance are expected to inform the Court of their intention to do so as soon as is practicable.