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Stipulation and order to continue a trial date in California

by Stan Burman

A stipulation and order to continue a trial date in California is the topic of this blog post.

You should consider the use of a stipulation and order if both parties agree to the terms such as continuing the trial date. Once both parties have signed the stipulation and order it will be submitted to the Court so the Judge can approve the stipulation and enter the terms of the stipulation as an official order.

It is always a good idea before filing any motion such as a motion to continue a trial date to contact the opposing party or their attorney to determine if they would be willing to sign a stipulation and order. Although they will not always agree it happens often enough to make the effort worthwhile. Another benefit is that if they do not agree you can mention in the declaration supporting the motion that you requested that they stipulate and they refused.

In the great majority of cases where I have prepared a stipulation and order that has been signed by both parties and their counsel it has been approved by the Court. However I do want to point out that some Judges may have special requirements in order to approve certain stipulations and orders such as to continue a trial date or to continue a hearing. You should check with the clerk in the department that is hearing the case to determine if they have any special requirements.

There are some common situations in which a stipulation and order is used such as a stipulation and order to vacate a default and default judgment. Other common stipulations and orders that I have prepared while working in California and Federal litigation since 1995 include.

Stipulation and order for extension of time to plead.

Stipulation and order for leave to file first amended complaint.

Stipulation and order for reclassification of case to unlimited civil jurisdiction.

Stipulation and order for leave to file cross-complaint.

Stipulation and order for leave to file first amended answer.

Stipulation and order to amend judgment.

Stipulation and order to continue hearing date on motion.

Stipulation and order to extend mediation completion date and continue post-mediation status conference.

Once the stipulation and order has been signed by both parties and their counsel it is then submitted to the Court along with the filing fee. The current filing fee for a stipulation and order is $20.00. However you should remember that filing fees may be higher in some counties and they are subject to change at any time and you should verify the current filing fee with your local court.

Attorneys or parties in California that would like to view a portion of a sample 30 page stipulations and orders containing all nine (9) stipulations and orders mentioned in this blog post sold by the author can use the link shown below.

Sample Stipulations and Orders for California by Stan Burman on Scribd

 

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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