In california how many times can you push back a small claims court hearing?

Asked almost 4 years ago - Paso Robles, CA

is there a limit to how many times someone can reschedule a small claims hearing? if the other person lives across the country i know that they can do telephone hearings but can the defendant keep pushing the date back until they claim they can make to the actual court house and is there a limit of how many times they can do so?

Attorney answers (4)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . There is no rule setting for a limitation on the number of continuances (postponements), but generally speaking, the first postponement is fairly easy to get but thereafter, the party seeking a postponement will have to demonstrate a very good reason for the postponement (also referred to in legal jargon as "good cause"). Small claims judges normally do not look too favorably if a party is asking for a multitude of "re-sets".

    There is currently no such thing as a telephonic small claims trial in California.

  2. Robert Harlan Stempler

    Contributor Level 19

    Answered . That would be decided by the clerks and the judges in your particular court case. I have not heard of a small claims trial having telephonic witnesses or parties, but it is possible if the judge agrees to it. Many clerks will not accept small claims cases, unless it shows a California address for the defendants, because of jurisdictional concerns. I am surprised you were able to file your case with an out of state defendant listed on the complaint.

  3. Pamela Koslyn

    Contributor Level 20

    Answered . See form SC-150 to request a continuance, linked below. These requests require a good reason and they're discretionary and not necessarily granted. If a party requests a continuance more than once, I would think the reason would have to be an extraordinarily good one.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  4. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . There is no rule setting for a limitation on the number of continuances (postponements), but generally speaking, the first postponement is fairly easy to get but thereafter, the party seeking a postponement will have to demonstrate a very good reason for the postponement (also referred to in legal jargon as "good cause"). Small claims judges normally do not look too favorably if a party is asking for a multitude of "re-sets".

    There is currently no such thing as a telephonic small claims trial in California.

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