San Jose California Notice of Hearing for Particular Date

State:
California
City:
San Jose
Control #:
CA-02056
Format:
Word; 
Rich Text
Instant download

Description

A Notice form provides legal notification to a party of an important aspect of a legal matter. Failure to provide proper notice is often the cause of delays in the progress of lawsuits and other legal matters. This model form, a Notice of Hearing for Particular Date, provides notice of the stated matter. Because each case is unique, you will need to adapt the form to fit your specific facts and circumstances. Available for download now. USLF control number CA-02056

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FAQ

The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion. If the papers are personally given to the opposing side it is called personal service.

Clerk's offices will be open Monday-Friday (excluding holidays) between the hours of a.m.- p.m. The courts drop boxes are located in the lobby of the courthouse, and available M-F a.m. - p.m. For information related to individual divisons please see below.

Family Law records are public records subject to public inspection and copying, unless they are confidential by operation of law or sealed by the court.

(2) In order to obtain a continuance, written notice with supporting documents must be filed and served on all parties at least two court days before the date set for the hearing, unless the court finds good cause for failure to comply with these requirements.

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.

Parties must contact CourtCall at 1-888-88-COURT in advance to schedule an appearance. Counsel and parties can appear by videoconference and the public can view and/or listen to hearings, by clicking on the appropriate links below: Discovery, Department 301 Daily at a.m.

In legal terms, a change in a hearing date to a date in the future is called a ?continuance? of the hearing. If the parties to a case are in agreement, it is more likely that the court will agree to change the hearing date.

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.

Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.

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San Jose California Notice of Hearing for Particular Date