The legal definition of adjournment is the adjournment or adjournment of an action pending in a court to a later date of the same or another court session. It is granted by a court in response to a motion filed by one of the parties in a lawsuit.
A continuance may be requested when a party needs additional time to appear in a matter or comply with a court order. The prosecution, defense or judge may continue a hearing. A defendant may request a continuance to comply with certain court-ordered terms of probation, such as completion of a class or payment of a fine.
The first thing you will need to request a postponement is to show good cause. Good cause means a legally sufficient reason for a judicial action or decision. The reason could be scheduling conflicts or the inability to acquire the necessary documents before the assigned date. You will be asked to explain your reason in your request. The court will ultimately decide whether or not your request will be granted based on the reason you have provided.
The grounds for continuance are recorded in the 2012 California Rules of Court. Rule 3.1332 is for the “Motion or Request for Continuance of Trial.” This rule establishes that even if the continuation of the trials is disfavored, each request for continuation will be considered on its own merits. Examples of circumstances that may indicate good cause include:
- unavailability of essential expert or lay witness due to death, illness or other excusable circumstances;
- unavailability of a party due to death, illness or other excusable circumstances;
- unavailability of a trial attorney due to death, illness, or other excusable circumstances;
- substitution of trial attorney, but only where there is a claim that the substitution is necessary in the interest of justice;
- adding a new match:
a.The new party has not had a reasonable opportunity to make discovery and prepare for trial; Prayed
b. The other parties have not had a reasonable opportunity to make discovery and prepare for trial regarding the new party’s involvement in the case;
- The justified inability of one of the parties to obtain testimony, documents or other essential material evidence despite diligent efforts; Prayed
- A significant and unforeseen change in the status of the case as a result of which the case is not ready for trial.
Examples of invalid reasons would include a routine work schedule, leisure travel, or child care.
For your own good, never ask for a postponement unless you are sure that it is impossible to reschedule your own schedule. It may not be difficult for you to acquire a first extension, however, the court may be less accommodating to subsequent requests.
The form for a Motion to Continuance in San Diego County can be found on the San Diego Superior Court website.
