State Court Motion for Continuance - California

STATE COURT MOTION FOR CONTINUANCE

(California Superior Court – Template)

TABLE OF CONTENTS

1. Caption ............................................................................................................................ 2
2. Notice of Motion and Motion ......................................................................................... 3

3. Memorandum of Points and Authorities ....................................................................... 5
   3.1 Introduction ........................................................................................................ 5
   3.2 Procedural Background ..................................................................................... 6
   3.3 Legal Standard ................................................................................................... 7
   3.4 Argument ............................................................................................................ 8
   3.4.1 Good Cause Based on Counsel Availability ............................................. 8
   3.4.2 Need for Additional Time to Complete Discovery .................................. 9
   3.4.3 Prejudice Absent Continuance ............................................................... 10
   3.5 Conclusion ......................................................................................................... 11

4. Declaration of [ATTORNEY NAME] ............................................................................... 12

5. [PROPOSED] ORDER GRANTING MOTION FOR CONTINUANCE ................................. 14
6. Proof of Service ............................................................................................................. 16

1. CAPTION

SUPERIOR COURT OF CALIFORNIA, COUNTY OF [COUNTY NAME]

Case No.: [CASE NUMBER]

Assigned for All Purposes to: Hon. [JUDGE NAME], Dept. [DEPT]

Hearing Date: [HEARING DATE]
Hearing Time: [HEARING TIME]
Reservation ID: [RESERVATION NUMBER, IF APPLICABLE]
Complaint Filed: [FILING DATE]
Trial Date: [CURRENT TRIAL DATE]

MOTION FOR CONTINUANCE OF TRIAL

Date: [HEARING DATE]
Time: [HEARING TIME]
Dept.: [DEPT]

2. NOTICE OF MOTION AND MOTION

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on [HEARING DATE] at [HEARING TIME], or as soon thereafter as the matter may be heard in Department [DEPT] of the above-entitled Court located at [COURTHOUSE ADDRESS], [MOVING PARTY] will and hereby does move the Court for an order continuing the trial currently set for [CURRENT TRIAL DATE] to a date no earlier than [REQUESTED NEW DATE or "a date convenient to the Court"].

This motion is made under California Rules of Court, rule 3.1332, on the grounds that good cause exists to continue the trial to permit [describe reason, e.g., "unavailability of an essential witness," "substitution of trial counsel required in the interests of justice," "a significant unanticipated change in case status"].

The motion is based on this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities, the Declaration of [ATTORNEY NAME], the pleadings and records on file in this action, and such further evidence and argument as may be presented at the hearing.

DATED: [DATE]
[LAW FIRM NAME]

By: _______________________________
[ATTORNEY NAME]
Attorneys for [PARTY]

3. MEMORANDUM OF POINTS AND AUTHORITIES

3.1 Introduction

3.2 Procedural Background

3.3 Legal Standard

California Rules of Court, rule 3.1332(c), permits a trial continuance only on an affirmative showing of good cause. Circumstances that may indicate good cause include the excusable unavailability of an essential witness, a substitution of trial counsel required in the interests of justice, or an excused inability to obtain essential evidence despite diligent efforts. The Court must consider all relevant facts and circumstances, including the interests of justice and the parties’ diligence. (Cal. Rules of Court, rule 3.1332(c), (d).) If the request rests on absent evidence, Code of Civil Procedure section 595.4 requires an affidavit showing the evidence’s materiality and the diligence used to obtain it.

3.4 Argument

3.4.1 Good Cause Based on Counsel Availability

3.4.2 Need for Additional Time to Complete Discovery

3.4.3 Prejudice Absent Continuance

3.5 Conclusion

For the foregoing reasons, [MOVING PARTY] respectfully requests that the Court continue the trial currently set for [CURRENT DATE] to [REQUESTED NEW DATE] or another date convenient to the Court. A trial continuance alone does not reopen discovery. If additional discovery is needed, request specific leave under Code of Civil Procedure section 2024.050, supported by a meet and confer declaration and the facts required by that section.

4. DECLARATION OF [ATTORNEY NAME]

I, [ATTORNEY NAME], declare:

1. I am an attorney duly licensed to practice before all courts of the State of California and counsel of record for [PARTY]. I have personal knowledge of the facts stated herein and could competently testify thereto if called as a witness.
2. The trial is presently set for [CURRENT DATE].
3. Good cause exists for a continuance because [set forth detailed factual basis, including efforts to comply with existing deadlines, specific conflicts, health-related issues, or discovery needs].
4. This is the [first/second/etc.] request for a continuance of this matter. [If prior continuances exist, explain the circumstances and attach supporting orders.]
5. I have met and conferred with counsel for [OPPOSING PARTY] on [DATE] regarding this request. [Opposing party] [does/does not] oppose the continuance. [If stipulated, attach stipulation.]
6. The requested continuance will not prejudice any party. [Provide supporting detail.]
7. I am informed and believe that the interests of justice are best served by granting additional time for [explain].
8. [If also seeking leave to extend or reopen discovery under Code of Civil Procedure section 2024.050: Describe the reasonable, good-faith efforts to resolve each discovery issue in person, by telephone, or by videoconference. State whether counsel discussed retention of a certified shorthand reporter for the motion hearing, including by electronic communication, as section 2016.040 requires. Identify the discovery needed and address the factors in section 2024.050(b). Omit this paragraph if no discovery relief is sought.]

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [DATE] at [CITY], California.

__________________________________
[ATTORNEY NAME]

5. [PROPOSED] ORDER GRANTING MOTION FOR CONTINUANCE

SUPERIOR COURT OF CALIFORNIA, COUNTY OF [COUNTY NAME]

Case No.: [CASE NUMBER]

The Court, having considered the Motion for Continuance filed by [MOVING PARTY], the supporting papers, and good cause appearing, ORDERS as follows:

1. The trial currently set for [CURRENT DATE] is continued to [NEW DATE] at [TIME] in Department [DEPT].
2. [If expressly requested and granted, specify any changed case management dates here: [DATES].]
3. [If relief under Code of Civil Procedure section 2024.050 was requested and granted, specify the discovery proceedings and deadlines authorized in a separately stated paragraph: [AUTHORIZED DISCOVERY AND DATES]. Otherwise omit this paragraph.]
4. The parties shall promptly notify any witnesses and experts of the new trial date.
5. All other dates remain as set unless modified by further order of the Court.

IT IS SO ORDERED.

Dated: ______________________ ____________________________________
Hon. [JUDGE NAME]
Judge of the Superior Court

6. PROOF OF SERVICE

I am over the age of 18 and not a party to this action. My business address is [FIRM ADDRESS]. On [DATE], I served the foregoing MOTION FOR CONTINUANCE on the interested parties in this action as follows:

[Describe service method(s) and recipient information]

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [DATE] at [CITY], California.

__________________________________
[NAME OF DECLARANT]