San Juan County Superior Court Adjournment & Extension Requirements

CRITICAL

The court may require a declaration identifying the expected evidence; if the adverse party makes the specified admission, the trial will not be continued.

The court may also require the moving party to state upon declaration the evidence which they expect to obtain; and if the adverse party admits that such evidence would be given, and that it be considered as actually given in the trial, or offered and overruled as improper, the trial shall not be continued.

CRITICAL

A continuance motion based on absent evidence must include a declaration showing the expected evidence’s materiality and due diligence in obtaining it.

A motion to continue a trial on the ground of the absence of evidence shall only be made upon declaration showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it.

CRITICAL

The parties may agree to strike or continue a trial date at any time by presenting an order to the court.

A trial date may be stricken or continued by agreement of the parties at any time upon presentation of an order to the court.

CRITICAL

A motion noted after the readiness hearing will be considered only if good cause shows it could not have been brought sooner.

The Court will only consider a motion for continuance noted for consideration after the readiness hearing if good cause is established that the motion could not have been brought sooner.

CRITICAL

A written motion to continue trial must be noted for consideration on or before the readiness hearing.

A motion to continue a trial shall be made in writing and shall be noted for consideration on or before the readiness hearing.

WARNING

When granting a continuance motion, the court may impose terms or conditions on the moving party.

The court, upon its allowance of the motion, may impose terms or conditions upon the moving party.