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

Modesto, CA |
Filed under: Litigation

I am not using an attorney

Attorney Answers 4

Posted

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.

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Harry Edward Hudson Jr

Harry Edward Hudson Jr

Posted

You can also go to the local law library and tell the reference desk clerk what you are looking for. You might want to tell her whether the case is criminal or civil. There are different rules for each.

Posted

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.

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Asker

Posted

Thank you, ok this is for a Divorce and I need to ask for a continuance on the case management conference in california

Posted

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 general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.

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Hillary Johns

Hillary Johns

Posted

The California rules of Court have the pleading requirements. In addition, if you google, pleading format and paper in California, most likely you will yield some results. Hope that helps.

Hillary Johns

Hillary Johns

Posted

And Mr. Chen is exactly right. If the other side will agree to the continuance, it saves everyone, including the court, a lot of time.

Posted

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/endorse_34279_NoticeMotRenewedMot.pdf

http://docs.justia.com/cases/federal/district-courts/california/casdce/3:2011cv00205/343346/25/0.pdf?ts=1302253919

http://docs.justia.com/cases/federal/district-courts/california/candce/4:2009cv05718/222877/62/0.pdf?ts=1289051421

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

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