Legal Question in Criminal Law in California

1050 Motion?

I am going to be at a hearing, then on another case the following day--both cases for which i have not been given access to discovery. Can I file a 1050(what code section?) Motion for extension of time since i will be substituting in as these client's new atty--previously, they were represented by Public Defenders. What is this motion/is it the correct action to take?--I am fairly new at criminal defense work--but I'm not an incompetent atty. Your prompt advice is greatly appreciated.


Asked on 10/15/05, 11:03 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: 1050 Motion?

I would think any judge in LA County and especially in WLA/Santa Monica would grant an oral motion for a continuance, but it wouldn't hurt to have a written motion in your briefcase (basically your declaration that you just subbed in and don't have discovery yet). Of course you will have to waive time (client's speedy trial rights) but don't enter a general time waiver if your client is in custody. Ask another private atty in the courtroom to be on the safe side.

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Answered on 10/16/05, 1:13 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: 1050 Motion?

More: The points and authorities for any continuance motion should cite Section 9, I think, of the Standards of Judicial Administration (appendix to Cal Rules of Court) where it says what constitutes good cause for a continuance. Also, you waive time for this hearing only.

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Answered on 10/16/05, 5:01 am


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