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California Rules of Court
Rules of Court Rule 3.1332
Rule 3.1332. Motion or application for continuance of trial
(a) Trial dates are firm
To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.
(Subd (a) repealed and adopted effective January 1, 2004; amended effective January 1, 1995.)
(b) Motion or application
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. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.
(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 1995.)
(c) Grounds for continuance
Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include:
(1)The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances;
(2)The unavailability of a party because of death, illness, or other excusable circumstances;
(3)The unavailability of trial counsel because of death, illness, or other excusable circumstances;
(4)The substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice;
(5)The addition of a new party if:
(A)The new party has not had a reasonable opportunity to conduct discovery and prepare for trial; or
(B)The other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party's involvement in the case;
(6)A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or
(7)A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.
(Subd (c) amended effective January 1, 2007; adopted effective January 1, 2004.)
(d) Other factors to be considered
In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. These may include:
(1)The proximity of the trial date;
(2)Whether there was any previous continuance, extension of time, or delay of trial due to any party;
(3)The length of the continuance requested;
(4)The availability of alternative means to address the problem that gave rise to the motion or application for a continuance;
(5)The prejudice that parties or witnesses will suffer as a result of the continuance;
(6)If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay;
(7)The court's calendar and the impact of granting a continuance on other pending trials;
(8)Whether trial counsel is engaged in another trial;
(9)Whether all parties have stipulated to a continuance;
(10)Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and
(11)Any other fact or circumstance relevant to the fair determination of the motion or application.
This book, written By Paul A. Eads, helps readers know how to prepare before they initiate a legal endeavor and helps make the legal terms of family law issues easier to understand.
Client Testimonials
See What Others Are Saying
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"Mr. Eads, you are a true master in your field and I will always be available should any of your prospective clients want to contact me as a reference."Mr. Eads, you are a true master in your field.- Peter K.
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"Mr. Eads worked hard for me and I am confident he will do the same for you."My ex boyfriend was very abusive. His attorney seemed to be very aggressive and was always filing Ex Parte (emergency) hearings for me to appear in court. Due to a cost issue, I attempted to handle matters myself but it seemed that I could not get my point accrues to the judge who seemed to be familiar with my ex boyfriend’s attorney. I found Mr. Eads in the phonebook and I thought I would give him a call. Mr. Eads was able to get the restraining order I was seeking and my ex boyfriend ended up paying Mr. Eads’ attorney fees. I can now feel rest-assured that my daughter and I will be safe. I also happy that I do not have to deal with my ex’s attorney anymore. Mr. Eads worked hard for me and I am confident he will do the same for you.- K.Y.
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"He was very sympathetic to my cause and was very reassuring when I needed his assistance."I was very pleased with the outcome of my case.- Albert N.
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"I was barely able to make ends meet. Mr. Eads worked out a payment plan with me and reduced my arrears."I will be able to pay it off quicker and with more money left over with the payment Mr. Eads was able to negotiate for me.- John H.
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"The outcome was much more than I ever expected to receive."My previous attorney failed to show up for my court date and as a result, the matter was set for trial without any input from my side. I desperately sought out an attorney but most of them wanted a huge retainer up front. I found Mr. Eads and when I went in for a consultation, I found that his retainer was more than reasonable. I also liked the fact that he practices exclusively family law and seems very familiar with the local judicial officers. I felt very comfortable with Mr. Eads in my corner going into my trial and I found that the outcome was much more than I ever expected to receive. Mr. Eads was very thorough in my case evaluation and helped me get everything I was entitled to.- J.L.
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"Mr. Eads when to bat for me and in my opinion, hit a home run."I decided to hire Mr. Eads based on his experience and the fact that his practice is limited to Family Law.- Veronica S.
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"Mr. Eads was able to help structure a settlement that allowed me to keep my business while sharing the business debts with my ex."I am a business owner and when I got divorced, I was terrified that I would lose my business. My business was also heavily leveraged against and I did not have enough capitol to sustain the business and pay my wife spousal support. My ex had an attorney who was very intimidating and kept pressuring me to liquidate the business so that I could pay his attorney’s fees. I was referred to Mr. Eads by a friend. Mr. Eads was able to help structure a settlement that allowed me to keep my business while sharing the business debts with my ex. I was also able to shorten my spousal support obligation. I really appreciate Mr. Eads professionalism and guidance during these difficult times.- J.A.
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"Not only did Mr. Eads get my daughter returned to me, I was able to have full physical custody."I am honored to write this review for Mr. Eads after he helped reunify me with my daughter after my ex abducted her and moved to Arizona. I was devastated when I came home from work to find my ex had left with all our daughter’s belongings. I called the police who told me I needed to hire an attorney. I came across Mr. Eads’ website and I was impressed with his bio. I contacted him immediately and within days, we were in court requesting that my the DA Abduction unit assist me in the return of my daughter. Not only did Mr. Eads get my daughter returned to me, I was able to have full physical custody and my ex has summer and holiday visitation. Mr. Eads is truly my hero. Thanks Mr. Eads!- Paul W.