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The defendant's attorney mailed a stipulation that I failed to sign because it was received on the same day of his ex parte

San Jose, CA |

application for a continuance of trial date claiming their server was down. The stipulation is for a trial date in August 2014 but the attorney called me after the hearing that the judge would allow only a three months continuance to April 2014 trial date. I know the defendants want an earlier trial date. Could it be they tricked me and all along and during the ex parte hearing they really requested for an earlier trial date? How do I request for a later trial date?

Attorney Answers 2


  1. It is impossible to comment on whether anyone tricked you. I would not be surprised if a trial judge only allowed a three-month continuance, despite the stipulation, if the judge did not feel a continuance of the requested length was warranted. Judges have the power to refuse to accept stipulations as to trial dates;

    If you feel you need more time, your remedy is to file a motion for a continuance of the trial date. You should study Rule 3.1332 of the California Rules of Court very carefully before filing this motion.


  2. To get beyond a 3-month continuation of the trial date you are going to have to present a very good reason to the judge. You wanting it, is not going to be enough. For example, through discovery you’ve discovered new witnesses who have to be located and deposed. Simply stated, the judge’s attitude is going to be show me the beef.

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