Jump to content

Motion for Continuance


darnoc
 Share

Recommended Posts

Hello,

 

Can someone help me on the process of filing a motion for continuance in CA. I'm getting different information where I'm suppose to inform the other party that I'm filing a motion PRIOR to me filing the motion and court and letting the court know if the other party agreed to the motion or not.  I'm also reading I can just file the motion and send a copy of the motion to the other party.  Can someone direct me to a template I can use as well?  Thank you.

Link to comment
Share on other sites

Most judges want to see some sort of effort on your part to contact the other side to see if they agree to a continuance.  If they refuse to agree, there usually must be a hearing to determine whether you get a continuance.  If they agree, it is usually granted by filing the motion.  If you do not specify one way or the other, most judges here will set your request for hearing.

 

Most judges here do not appreciate last minute continuance request when you knew you would need a continuance long before your request.  Be sure to note the reason for your request and if it just came up, note that as well.  

Link to comment
Share on other sites

Thanks for the quick response.  Looks like the date is for a "Trial Setting Conference".  So, do I have to file a continuance for the trial setting conference or can I request for the trial date during the conference.  Due to medical reasons, I will not be able to attend the conference and need to extend the trial date after my condition is better.

Link to comment
Share on other sites

Is that an in person conference or can it be done by telephone?  You definitely have a good reason for the continuance.   Just note the reason for the continuance is the JDB objects and state a time period that you think your medical condition will allow you to appear.

Link to comment
Share on other sites

It's probably in person.  I'm checking if they have court call.  If I can use court call, is that the time I can ask for extended trial date or should I just file the continuance for the conference after my conditions will allow me to appear?  Would you happen to know of any good templates?  Thank you.

Link to comment
Share on other sites

Racecar, thank you!  I could use the template you provided and it appears I don't have to notify the plantiff.  Just so I'm clear, I should file the motion to continue for the trial setting conference or should I just do a court call and request for a trial date at the conference?

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.