What is a 1050 motion in California?
Asked by: Ms. Dixie Leffler I | Last update: April 24, 2025Score: 4.4/5 (8 votes)
A PC 1050 motion for a continuance in a criminal case is asking the judge to postpone the hearing. In other words, this statute lays out the procedures for filing a continuance. A 1050 motion to continue is a request in a criminal case to postpone a court date. The date could be for a pretrial matter or a trial.
What is a 1050 motion?
Penal Code § 1050 PC outlines the procedures for asking the court to continue a hearing in a California criminal case. A motion to continue is a request by either the prosecution or the defense to postpone the hearing to a future date. The date can be for a pretrial hearing or the start of the trial.
What is the California Assembly Bill 1050?
The bill would define racially motivated eminent domain to mean when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the taking, and the taking, or the failure ...
What is California Evidence Code 1050?
If he claims the privilege, a person has a privilege to refuse to disclose the tenor of his vote at a public election where the voting is by secret ballot unless he voted illegally or he previously made an unprivileged disclosure of the tenor of his vote.
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 ...
What is a motion to continue? Penal Code 1050 PC
What are good reasons to ask for a continuance?
What are valid reasons for requesting a continuance? Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation.
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.
Is a continuance a good thing?
Good reasons for requesting a continuance include unforeseen personal emergencies, the need for additional time to prepare the case, the unavailability of a key witness, or obtaining new evidence that could significantly impact the outcome of the case.
How many times can a lawyer ask for a continuance?
If the defense is asking for continuances, he would be expected to provide the judge with a good reason for it Without a good reason, the judge won't grant it. With a valid reason, one side or the other can almost always get a continuance. There's no set amount of continuances that can be obtained.
What is the burden of proof in California Evidence Code?
California Code, Evidence Code - EVID § 500
Except as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting.
What is California Assembly bill 1085?
AB 1085, Maienschein. Medi-Cal: housing support services. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services.
How many years does one term for members of the California State Assembly equal as mandated by the current state constitution?
Assembly. The California State Assembly has 80 Members elected to two-year terms. Under the provisions of term limits, each Member elected on or after the passage of Proposition 28, in 2012, may serve a lifetime maximum of 12 years in the State Legislature.
What is the Assembly bill 51 in California?
Background. AB 51 was intended to prohibit employers from requiring individuals to sign, as a condition of employment or employment-related benefits, arbitration agreements concerning disputes arising under the California Fair Employment and Housing Act or Labor Code.
What is the code 1050?
(a) The welfare of the people of the State of California requires that all proceedings in criminal cases shall be set for trial and heard and determined at the earliest possible time.
How long do you have to respond to a motion in California?
All papers opposing a motion must be filed with the court and served on all other parties at least nine (9) court days before the hearing date. Reply papers must be filed with the court and served on the other parties at least five (5) court days before the hearing date.
Why would a sentencing hearing be continued?
There could be a number of reasons as to why a Judge would approve a continuance for sentencing. There may be documents and reports that still need to be submitted to the court and reviewed. There can also be a scheduling conflict. When it comes to continuances, they can be granted for a variety of reasons.
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 is the strongest form of evidence against a defendant?
The reading material proposes that one of the most grounded types of proof against a litigant is immediate proof. Direct evidence refers to evidence that directly proves a fact without the need for inference or presumption. It provides an unequivocal link between the defendant and the alleged offense.
Why do lawyers drag out cases?
It's frustrating when a legal case takes a long time to settle, but there are many reasons why your lawyer might need more time. They could be busy collecting evidence, dealing with complicated legal issues, or negotiating with the other side. Sometimes, waiting a bit longer can even result in a better outcome for you.
Why would a lawyer file for a continuance?
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.
How do you know if your case will be dismissed?
Some signs we look for are a lack of physical evidence, gaps in the chain of custody of evidence, contradictory eyewitness accounts, or witnesses who lack credibility. If the prosecution's case is built on a shaky foundation, they often realize a dismissal or plea deal is their best option.
Do both parties have to agree to a continuance?
Even if the other party does not agree, you may still contact the court to request a continuance of the hearing date. With the current public health crisis, judges may be more sensitive to health concerns and more lenient in granting continuances.
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.
Why would a judge deny a motion?
When a motion is denied, it means the court has rejected the request made in the motion, finding it lacks sufficient merit or legal basis. This decision prevents the requested action or ruling from being implemented in the case.
Why do lawyers delay cases?
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.