California Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion
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FAQ
I would like this Court to continue the hearing because: [EXPLAIN REASON.] PETITIONER/PLAINTIFF, v. RESPONDENT/DEFENDANT. I RESPECTFULLY REQUEST that the Court grant my Request for Continuance.
Notice of a summary judgment motion, as well as the papers in support of the motion, must be filed with the court and served on all parties at least 75 calendar days before the scheduled hearing date of the motion. All papers opposing a motion must be served and filed not less than 14 days before the hearing date.
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...
A defendant may request a continuance in order to comply with certain terms of probation ordered by the court, such as completion of a class or payment of a fine.
Because continuances delay the resolution of a case, judges typically frown upon them. It's usually only when the defendant's rights might otherwise be violated that a court will grant a continuance request.
If you desire a postponement of the date because you simply need more time, you can opt to attend and ask the judge for more time on that date. Check in with the judge's clerk when you arrive. Tell them what case you are there for and that you would like to ask the judge for a continuance.
Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. Absence of witness or evidence. Absence or incapacity of counsel. Absence of party. Surprise. Other grounds.
Section 1008 allows the trial court to reconsider and modify, amend or revoke its prior order only upon new or different facts, circumstances or law. It is improper for a court to expressly invite the parties to file a second summary judgment motion in order to reassess its prior ruling.
