CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Continuances
.........Continuance Should Be Granted
10 Cards On This Topic:

In an ongoing trial, where one party is missing a key piece of evidence necessary to avoid an unjust result, court has inherent authority to grant a continuance so it can be introduced.

Trial ct. abused its discretion in not granting plaintiff a continuance on an SJ motion hearing where there was no willful violation of procedural rules, and no history of abusing pretrial procedures.

Generally, a trial court abuses its discretion when it denies a request for continuance of a trial due to the absence of a properly called and subpoenaed witness.

Where denial of parties' stipulated continuance on D's motion for summary judgment results in manifest injustice, the policy disfavoring continuances must give way.

Continuance should be granted where one party files late I&E declaration.

Trial ct. must grant W’s request for a continuance as part of an ADA accommodation unless it can make required findings.

Trial court abused its discretion in refusing to continue complicated medical malpractice case and forcing County to proceed to trial without counsel.

Death or serious illness of trial atty or party should under normal circumstances be considered good cause for granting continuance.

When TRO issued without notice, defendant is entitled, as of course, to one continuance for a reasonable period, to respond to the application for the order.

Trial court should have granted brief continuance to permit H to present expert witness to impeach 730 expert.