Alameda, California, is a vibrant city located in the East Bay region of the San Francisco Bay Area. Known for its picturesque beauty, diverse community, and rich culture, Alameda offers a wide array of attractions, amenities, and opportunities. When it comes to legal proceedings in Alameda County, a party involved in a case may need to file a motion for continuance to complete discovery or, in the alternative, a motion for continuance of summary judgment. These motions are crucial in ensuring a fair trial process and allowing parties adequate time to gather evidence, complete necessary investigations, and present compelling arguments. Types of Alameda California Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion may include: 1. Motion for Continuance to Complete Discovery: This motion requests a postponement of the court proceedings to allow both parties additional time to complete the discovery process. Discovery refers to the gathering of evidence, depositions, interrogatories, requests for documentation, and other legal procedures that enable each side to gather relevant information about the case. 2. Motion for Continuance of Summary Judgment Motion: Alternatively, a party may request a continuance specifically related to the summary judgment motion. A summary judgment motion seeks to resolve a case without going through a full trial. If granted, it declares that there are no genuine issues of material fact and the case can be resolved based on the law alone. In circumstances where additional time is required to prepare a strong argument or gather more evidence, a motion for continuance of the summary judgment motion may be filed. 3. Concurrent Motion for Continuance to Complete Discovery and Summary Judgment Motion: In some cases, a party may find it necessary to file both a motion for continuance to complete discovery and a motion for continuance of the summary judgment motion concurrently. This occurs when there is a need for additional time to gather evidence, complete discovery procedures, and appropriately respond to the summary judgment motion. Regardless of the specific type of motion filed, it is essential to follow the appropriate legal procedures and guidelines established by the Alameda County court system. The granting or denial of a motion for continuance ultimately lies in the hands of the presiding judge, who will carefully consider the merits of the motion, the reasons stated, and the impact it may have on the overall trial process. In conclusion, Alameda, California, is a vibrant city that values a fair and just legal system. When parties require additional time to complete discovery or prepare their summary judgment motion, they have the option to file a motion for continuance. Different types of motions include continuance to complete discovery, continuance of summary judgment motion, or both.
Alameda California Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion
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Unless otherwise excused by the court on a showing of good cause, all written objections to evidence in support of or in opposition to a motion for summary judgment or summary adjudication must be served and filed at the same time as the objecting party's opposition or reply papers are served and filed.
For most requests for continuances, you must provide the judge with a suitable reason (good cause) for postponing your court date. Good cause means a very good reason for not being able to get ready for your case or go to your hearing on the schedule date.
The suspension or postponement of a trial or court proceeding. Continuance is made on a case-by-case basis at the court's discretion. Courts balance giving the moving party enough time; the need to make the trial timely and speedy; and the interests of justice. courts. criminal law.
Code of Civil Procedure (CCP) section 1005 states the amount of time required to give notice of most motions. 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.
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.
Significant, Unanticipated Change in Case Status Constitutes Good Cause for Continuance. The circumstances that may indicate good cause for a continuance include a significant, unanticipated change in the status of the case as a result of which the case is not ready for trial ( Cal.
Notwithstanding the above rules, no criminal case shall be continued beyond 90 days from the first court date without court approval, and further; DWI cases shall not be continued in violation of N.C.G.S. 20-28.
Motions for Summary Judgment A motion for summary judgment must be heard at least 30 days before the date set for trial, unless the court for good cause orders otherwise.
(The law says you must get at least 45 days' notice of a final hearing, at least 10 days' notice of an enforcement hearing, and at least three days' notice of most other hearings. Talk to a lawyer if you have questions about notice.) You need more time to hire a lawyer or apply for legal aid.
MOTIONS. Noticed motions must be served and filed 16 court days before the hearing date (+ 5 more calendar days if served by mail) (+ 2 more if served by fax, express mail, or overnight delivery).