The topic in this article is a petition for trial day continuity in California. The problem described here is that, Civil lawsuit In California, regardless of standard civil cases, dissolution (divorce) or other family law incidents, or will test cases.
Since there are many separate grounds for requesting the continuation of a trial in California, this post shows only a general overview.
The California State Court Rule 3.1332 (formerly Rule 375) has managed the demands of the continuity of the trial, and the related part states that "the day of the trial is steady". The lawyer must consider the date set for the trial as reliable.
However, Rule 3.1332 allows the filing of a petition for ongoing hearings, either by prior application or by notified notice. As soon as the need for continuity disappears, we can not emphasize enough to submit a continuity petition, with all support declarations including useful evidence. Many judges are not looking at attorneys or litigators waiting for an unfair period before requesting continuation. In addition, the general rule of California states is that the judge has great discretion in accusing or admitting the continuity request.
However, the court has great discretion in deciding continuity claims, but if continuity is denied and the result is refused a fair hearing, at least two decisions of the California Court of Appeals are made by the court I am being abused.
Another California appeals court found that the strong public policy disposition of cases concerning benefits outperformed other policies such as the trial court's delay mitigation law and that "when the policies of the two countries confront with each other, It exceeds the more favorable judicial efficiency "
In the ruling of Rule 3.1332, another California Court of Appeals says that a lawyer's attorney is not available due to death, illness, or other acceptable circumstances under normal circumstances as "just reason" It is stipulated that it should be accepted.
To display the full text of Rule 3.1332 click on
http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3 1332
Those requiring continuation of the trial date must review annotated versions of all relevant laws and regulations, such as the California State Court Rule 3.1332, and the legal provisions such as Rutter Group, Civil Procedure before Trial The best opportunity to consider and accept.
If you do not do so, especially if it takes too long to request continuity, the continuity request may be rejected.
I sincerely hope you enjoyed this article.
Best regards,
Stan Berman
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