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Can I ask for continuance...

Los Angeles, CA |

I did not have sufficient time to prepare for the hearing which is taking place 9 hours away. I was served on Thursday afternoon, I spent 3 days preparing for it as I had lots of evidence to refute the false TRO , but then I was faced with Sunday when the post office did not work, so I sent my response and the proof of service on Monday, but it won't get to the court by Wednesday (court day). Also, this Tuesday the courts don't work, so it's as if 3 out of 5 days were weekend and holidays for the court, so i would like just 3 days of continuance...will the judge grant me this. Am i entitled to one continuance.

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Attorney answers 3


You would not be "entitled" to a continuance of the hearing as a matter of right, but if you show "good cause", the court in its discretion may agree to grant a three day continuance.

It would be better if you could get the opposing party to stipulate to a 3 day continuance.

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, please consult with your own attorney.


It sounds like you did have time to prepare your papers, and mailed them. You should have filed them on Mon rather than mailing, and served other side either personal delivery at attys offc, or fax and mail, or fed ex/ups next day delivery. bring copies to the hearing.


Getting the hearing continued is at the discretion of the judge. Try calling opposing counsel and agreeing to reschedule hearing.

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