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A Motion for Continuance is a motion that one party files with the court seeking the court move a hearing or other court date.
Rule 3.1332(c) of the California Rules of Court (CRC) allows the court to grant a continuance before or during trial on an affirmative showing of good cause. Each request for continuance must be considered on its own merits.
Because continuances delay the resolution of a case, judges typically frown upon them. Its usually only when the defendants rights might otherwise be violated that a court will grant a continuance request.
A motion for a continuance is a legal way of asking the court to reschedule a portion of your case. An individual can make this motion to reschedule their hearing or criminal trial. However, these motions are not automatically granted in California.
(1) A continuance may be granted only on a showing of good cause and only for the time shown to be necessary. Stipulation between counsel or parties and convenience of parties are not in and of themselves good cause.
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Continuances requested without agreement of all parties may be granted only by a judge for good cause shown. Contested continuance requests must be made by personal appearance in open court, after written motion, with at least five (5) days notice to the Court and all parties and/or counsel of record.
When a party to a lawsuit needs to postpone a matter that has a legal deadline or that has been calendared for a hearing or trial, the proper procedure is to apply to the court for a continuance (postponement to a later date). A request for a continuance can be written or oral depending on the circumstances.
Continuances are traditionally granted to allow the defendant additional time for procuring an absent witness, or other evidence necessary for the defense or the prosecution of the applicants case.

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