Legal Question in Administrative Law in California

Re: Requesting order to continue trail

Rule of Court 3.1332 covers "Motion or application for continuance of trial," and subpart 3.1332(a) starts out by saying "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."

However, following subparts of the rule go on to create limited exceptions and procedures for invoking them. I can tell you for sure that your chances of getting a continuance are better if you lay some groundwork by conferring with opposing counsel and getting a stipulation to the new date(s), because the judge will not accommodate one party without knowing that the change doesn't work an equal and offsetting inconvenience (or impossibility) on the other party.

Finally, note that the continuance of trial date does not extend the discovery cut-off times.

If the reason for postponement has to do with availability of witnesses or your tour of duty in Iraq, the court will be sympathetic. If you need a change of date because of your daughter's graduation or a cruise you booked, your chances are very slim.

Re: Requesting order to continue trail

OK, here's an afterthought. There is a form (template) you might be able to use. Go to the law library and ask to see:

Application Requesting Continuance of Trial Date; Declaration of Notice and Proposed Order, see Cal. Prac. Guide Civ. Pro. Before Trial Forms Form 12A:18 in Rivera, Cal. Prac. Guide: Civ. Pro. Before Trial FORMS (TRG).

Re: Requesting order to continue trail

Ex Parte means it is a Motion that does not have the full statutory time for a Notice Motion. You still give the other side at least 24 hours notice and you go before the Judge and tell them why you want continuance. Many Courts require the Motion to be in writing.