I am trying to type a pleading paper for a continuance in California, I am looking for an example? is there a web page?

Asked about 2 years ago - Modesto, CA

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Attorney answers (4)

  1. Richard Leigh Boyer

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . There are several legal DIY sites that will help you, like Legal Zoom. You could also go to your nearest courthouse, find a motion for a continuance in a case like the one you are looking for and pay the clerk to copy it for you. Take it home and plagiarize it. You might also try going online to your local superior court's website and see if there is a form you can download. They have many standard forms in pdf you can fill in and print out.

  2. Frank Wei-Hong Chen

    Contributor Level 20

    5

    Lawyers agree

    Answered . To better guide you, perhaps you can indicate whether you are in state court or federal court, as well as what you are trying to continue (a motion hearing or the trial?).

    Also, have to tried to see if the other side is agreeable to a continuance? If so, you would normally only need to prepare a Stipulation and Order, which is much easier than writing a motion.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  3. Robert Scott Lawrence

    Contributor Level 14

    4

    Lawyers agree

    Answered . There are many examples of motions for continuance on the web, which you could use as a basis and/or template for your motion if you are doing it yourself, but they will all be tailored to the particular circumstances of the cases they were filed in, so you almost certainly won't be able to just copy them verbatim.

    The legal grounds for continuing a hearing date and continuing a trial date are different, and you are going to have to be mindful of deadlines -- e.g., if you are trying to continue a hearing date for a pending motion and opposing counsel won't agree to move it, you may have to go in on the judge's ex parte (emergency) calendar and seek relief. If you are seeking to move the trial date, you may have to go to the master calendar judge to seek that relief, unless the case has been assigned to a judge for all purposes.

    If you need additional assistance you can try the court's pro se help desk, or retain competent counsel to represent you. If it's an emergency, I respectfully would suggest the latter course of action.

  4. Paul Y. Lee

    Contributor Level 18

    3

    Lawyers agree

    Answered . It is unclear from your posting what you are trying to continue (hearing? trial?) and why, but the following are three examples of a motion or stipulation to continue a hearing that you can find on the internet:

    http://www.scefiling.org/filingdocs/3118/19200/...

    http://docs.justia.com/cases/federal/district-c...

    http://docs.justia.com/cases/federal/district-c...

    This response is for information purpose only and does not constitute a legal advice. This response does not... more

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