Riverside California Generic Motion for Continuance and Notice of Motion

State:
Multi-State
County:
Riverside
Control #:
US-01071BG
Format:
Word; 
Rich Text
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Description

A continuance is a postponement of a date of a trial, hearing or other court appearance. An order for a continuance may be requested from the court by one of the parties, or the parties may agree to stipulate to a continuance. A court is more likely to decline a continuance if there have been other previous continuances. A continuance may be requested for various reasons, such as unavailability of an attorney or interested party, necessity of extra time to prepare for the matter, and several other grounds.

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FAQ

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.

To obtain court date information, you may contact the Fresno Superior Court Calendar at (559) 457-1801. Additional information may be obtained from the court's website at or by calling the main information line at (559) 457-2000 or TDD (559) 457-2011.

Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (Rule 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (Rule 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a

6. Trial setting conference. A trial setting conference is a hearing where the court expects each spouse's lawyer to explain the case's status, what issues have resolved or may soon resolve and whether the case is ready for trial.

If you cannot call in, or be available within one hour's time as instructed, you must report for jury duty at a.m. on the day you are instructed to call.

If you are unable to attend court and want to change the court date (adjourn the hearing), you must send a copy of your reasons with evidence in support to the other party and the court, this effectively will put the court on notice and move the hearing to another date.

The clerk's office handles all the paper handling and does also handle some scheduling. If you need a copy of a court document you should visit the clerk's office. If you missed a court date you should also visit the clerk to get put back on calendar. The clerk is open to about 4pm and can be reached at (559) 457-2000.

"Trailing a case for trial means to re-set the trial date within the statutory time period. Misdemeanors Defendant in custody - trial must begin within 30 days of arraignment or plea. Not in custody - trial must begin within 45 days of arraignment or plea.

Take your completed Form SC-150 or letter to the clerk's office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.

Orders (form FL-306) (b) Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.

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Riverside California Generic Motion for Continuance and Notice of Motion