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Continuances of trial dates in California

by Stan Burman

Continuances of trial dates in California are the topic of this blog post.

This post will give only a basic outline of the grounds as there are many grounds which may be used to request a continuance of a trial date in California.  You may make a request for continuance of a trial date by filing either a noticed motion or an ex-parte application.

California Rule of Court 3.1332, formerly Rule 375, governs requests for a continuance of trial and states that,

"(a) Trial dates are firm

To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.

(b) Motion or application

A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.

(c) Grounds for continuance

Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include:

(1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances;

(2) The unavailability of a party because of death, illness, or other excusable circumstances;

(3) The unavailability of trial counsel because of death, illness, or other excusable circumstances;

(4) The substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice;

(5) The addition of a new party if:

(A) The new party has not had a reasonable opportunity to conduct discovery and prepare for trial; or

(B) The other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party's involvement in the case;

(6) A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or

(7) A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.

(d) Other factors to be considered
In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. These may include:

(1) The proximity of the trial date;

(2) Whether there was any previous continuance, extension of time, or delay of trial due to any party;

(3) The length of the continuance requested;

(4) The availability of alternative means to address the problem that gave rise to the motion or application for a continuance;

(5) The prejudice that parties or witnesses will suffer as a result of the continuance;

(6) If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay;

(7) The court's calendar and the impact of granting a continuance on other pending trials;

(8) Whether trial counsel is engaged in another trial;

(9) Whether all parties have stipulated to a continuance;

(10) Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and

(11) Any other fact or circumstance relevant to the fair determination of the motion or application."

I want to point out that a trial court is given great discretion in ruling on a motion for continuance, however if the trial court denies the request for a continuance and that results in the denial of a fair hearing, the California Courts of Appeal have ruled that the discretion of the court is abused whenever the denial of a continuance results in a denial of a fair hearing.

A California Court of Appeal has ruled that the strong public policy favoring disposition of cases on the merits outweighs other policies such as the Trial Court Delay Reduction Act which stress judicial efficiency.

Another California Court of Appeal has stated that the unavailability of trial counsel because of death, illness, or other excusable circumstances under normal circumstances should qualify as "good cause" for a continuance.

If you need to request a continuance of a trial date in California you should carefully review the annotated versions of all of the relevant statutes and rules such as California Rule of Court 3.1332 and legal treatises such as The Rutter Group, Civil Procedure before Trial so that your request has the best chance of being accepted.

Failing to do so, and in particular, waiting too long to request a continuance may result in the request for a continuance being denied.

Attorneys or parties in California who would like to view a portion of a sample 14 page ex-parte application for continuance of a trial date in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration, declaration regarding ex-parte notice and proposed order sold by the author can use the link shown below.

Sample Ex-Parte Application for Continuance of Trial Date for California by Stan Burman on Scribd


Attorneys or parties in California who would like to view portions of over 300 sample legal documents for California and Federal litigation sold by the author of this blog post can use the link shown below.

www.scribd.com/LegalDocsPro

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

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