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Continuing a trial date in a divorce case in California

by Stan Burman

Continuing a trial date in a divorce case in California is the topic of this blog post. 

Continuing a trial date in a divorce case in California divorce requires a showing of good cause c because the general rule in California is that continuing a trial date is disfavored. 

However if you can show good cause for a continuance it may be granted although the decision as to whether the continuance should be granted is up to the discretion of the judge hearing the motion.

Any request for a continuance can be made by noticed motion or by ex-parte application. If the trial date is fast approaching it is better practice to file an ex-parte application for a continuance of the trial date.

Continuances of trial for divorces and other family law matters in California are governed by California Rule of Court 3.1332 and Family Code section 210.

A request for continuance of a trial date may made in a California divorce or other family law case pursuant to Family Code § 210 which states that, “Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code.”

Any request for a continuance should be filed as soon as “reasonably practical” after the justification for the continuance is discovered. See California Rule of Court 3.1332(b).

Contacting the opposing party or their counsel and detailing the need for the continuance in an attempt to obtain their agreement to stipulate to a continuance is a good idea as some Judges will consider whether or not the moving party attempted to obtain a stipulation before filing any request with the court.

Although trial continuances may be disfavored, each case must be considered on its own merits pursuant to California Rule of Court 3.1332(c) which states in pertinent part that:

The following circumstances may indicate the presence of good cause warranting a continuance:

unavailability of essential lay or expert witness because of death, illness or other excusable circumstances, California Rule of Court 3.1332(c)(1);

unavailability of a party because of death, illness or other excusable circumstances, California Rule of Court 3.1332(c)(2);

unavailability of trial counsel because of death, illness or other excusable circumstances, California Rule of Court 3.1332(c)(3);

substitution of trial counsel where there is an affirmative showing that the substitution is required in the interests of justice, California Rule of Court 3.1332(c)(4);

addition of a new party if the new party has not had a reasonable opportunity to conduct discovery or the other parties have not had an adequate opportunity to prepare for trial in regard to the new party, California Rule of Court 3.1332(c)(5)(A),(B);

a party’s inability to obtain essential testimony, documents or other material evidence despite diligent efforts, California Rule of Court 3.1332(c)(6), or

a significant unanticipated change in the status of the case as a result of which the case is not ready for trial. California Rule of Court 3.1332(c)(7).

The most common reasons for requesting a continuance in a California eviction case would most likely be the serious illness of a party or material witness, or the inability to obtain essential testimony, documents or other material evidence.

The most common reasons for requesting a continuance in a California divorce case would likely be the serious illness of a party or material witness, or the inability to obtain essential testimony, documents or other material evidence although every case is unique.

A trial court in California has great discretion in ruling on any request for a continuance but must also consider whether denying a request for a continuance will deny the moving party a fair hearing.

Attorneys or parties in California who would like to view a portion of a sample 13 page ex-parte application for a continuance of the trial date in California containing brief instructions, a memorandum of points and authorities, sample declaration, sample declaration of 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 Divorce by Stan Burman on Scribd

 

Attorneys or parties in California that would like more information on a California divorce document collection containing over 45 sample documents including a sample motion for continuance of a trial date sold by the author can use the link shown below.

https://legaldocspro.myshopify.com/products/california-divorce-document-collection

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

You can view portions of over 300 sample legal documents for California and Federal litigation at View 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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