Can you postpone a court date in California?
Asked by: Ms. Idella Schneider | Last update: January 5, 2026Score: 4.3/5 (50 votes)
If you need more time or can't attend your court date (hearing), you can ask to reschedule it. Unless you and the other side agree, you may need to give the court a good reason why you need to change the court date.
Can you reschedule a court date in California?
Either side can ask for a new court date
The person who started the case (the plaintiff) or the person they're suing (the defendant) can ask for a new court date. The judge will only give a new court date if there's a good reason.
What constitutes a good cause for continuance in California?
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 ...
How do I ask for continuance in court in California?
The request MUST BE SUPPORTED by a declaration signed under penalty of perjury that clearly explains the reasons for requesting a continuance and why the the timeline for a continuance is appropriate under the circumstances. The Court does not offer a form to request a continuance.
What are good reasons to ask for a continuance?
- 1. Not having an attorney or not having had the time to look for an attorney.
- 2. Illness of party or attorney.
- 3. Attorney having an unexpected event occur in another case that would cause them to be unable to attend.
- 4. Family emergency.
- 5.
What Happens If You Miss A Court Date In California | Amin Law
How long can you ask for a continuance in court?
The length of the continuance depends on the situation and generally can be no longer than is “necessary.” A defendant might ask for several months to prepare for trial. But if a witness gets sick, a continuance of a few days might suffice.
How to request a court date to be rescheduled sample letter?
As I explained today, I need a continuance of the hearing on (date) . I ask you to reschedule because (reason): Please let me know by (date) if you will agree to a continuance. If you agree, please send me a letter or email that says that you agree to the continuance.
How many times can you reschedule a court date?
There is no magic number of times you can ask. It depends on the judge and the reason for the request. You can't keep going to court asking for a continuance for the same reason over and over again.
Can a motion for continuance be denied?
In a Nutshell: A judge may deny a Motion to Continue filed by the prosecution, even if it foreseeably means a motion to suppress may be granted, resulting in dismissal of the case.
How do I ask for a continuance without a lawyer?
Sometimes, a defendant can contact the arraignment court clerk before the arraignment and ask for an informal continuance.
What is the difference between a postponement and a continuance?
Continuances are similar to both postponements and stays of proceedings. Postponements also delay proceedings for different reasons, but postponements usually only delay until another date within the current term of the court, unlike continuances that may be extended to another term.
How do I object to a continuance?
An objection to a continuance should be clear and positive, though no particular form of words is required. Words such as “I object,” or “We want it tried,” are clear enough. Expressions such as “Well, we leave it up to the court,” or “I cannot consent,” are equivocal, and will not be taken as objections.
What are two reasons for granting a trial continuance?
- Absence of witness or evidence.
- Absence or incapacity of counsel.
- Absence of party.
- Surprise.
- Other grounds.
What is the term for rescheduling court date?
In legal terms, a change in a hearing date to a date in the future is called a “continuance” of the hearing.
How to write a continuance letter for court?
Begin with a formal salutation, such as "Dear Judge [Last Name]," and introduce yourself and your case. Clearly state your reasons for requesting a continuance and provide supporting evidence. Conclude your letter by expressing your gratitude and willingness to cooperate with the court's decision.
Why do they postpone court dates?
Other times, each side might have requested a delay for its own reasons at various times - for example, an attorney might need time to gather more evidence, or a witness might not be available for trial on that date, or there might be a scheduling conflict.
What is a good cause for a continuance?
(2) For purposes of this section, "good cause" includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section ...
What are the rules for a continuance in California?
(1) A continuance may be granted only on a showing of good cause and only for the time shown to be necessary. Stipulation between counsel or parties and convenience of parties are not in and of themselves good cause.
How long can you delay a court case?
However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant's claim that their right to a speedy trial is being denied.
Is a continuance a good thing?
Is a continuance a good thing? A continuance can be beneficial if it allows for a more prepared and fair presentation of a case.
How long can an arraignment be postponed?
If the defendant has already been arrested and is in jail, then the arraignment must happen within 48 to 72 hours. If not, it can take anywhere from a few days to weeks, which could violate the defendant's constitutional rights. In general, these steps are what you can expect at an arraignment in the US.
What is a motion to advance hearing date?
(b) Motion to Advance — A request to advance a hearing date (move the hearing to an earlier date) should be made by written motion. A motion to advance should completely articulate the reasons for the request.
How do I request to reschedule a hearing in California?
The party asking to reschedule the hearing may appear in court and orally request to reschedule the hearing. The party is not required to file a written request but must complete and submit a proposed Order on Request to Reschedule Hearing (form FL-309).
Can I get a continuance without a lawyer?
Absolutely. You would just need to draft it and explain why you need the continuance.
Can you write a letter instead of going to court?
Write a Demand Letter
This is called a Demand Letter. This is a step you must take before filing a small claims court case. If you ask for the money and the other side pays you, you won't need to go to court.