CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Continuances
.........Continuance Properly Denied
9 Cards On This Topic:
  • A family court's discretionary authority to grant continuances for pendente lite RFOs is somewhat limited by the requirement to hear the RFOs "with reasonable promptness."
  • A request for a continuance must be made either by a noticed motion or an ex parte application and supported by written evidence.
  • W’s request for continuance based on medical reasons properly denied where note from her doctor was neither sworn nor authenticated and failed to provide any explanation for her condition.
  • Continuance properly denied where W had been intimately involved in litigation, had previously filed pro per motions, and had waited until day of hearing to request continuance.
  • Continuance for illness properly denied; oral motion and unverified letter from doctor insufficient.
  • Continuances should be granted sparingly, and then only on a showing of good cause.
  • Motion for continuance of trial properly denied where H had been warned at OSC to get attorney.
  • Failure of attorney to promptly call calendar conflict to court's attention is grounds for denial of continuance.
  • An application for a continuance is addressed to the sound discretion of the trial judge whose ruling will not be reviewed except for the most cogent reasons.