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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior


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 Reply in Support of Motion for Continuance or Extension

 Superior Court of California

This is a preview. For access to the full SmartRules Guide,
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 Orange

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 Timing

5 Court Days Before the Hearing

Calculating the Deadline

The time in which any act provided by law is to be done is computed by excluding the more...

If the last day for the performance of any act provided or required by law to be performed more...

If any city, county, state, or public office, other than a branch office, is closed for the whole more...

Late Papers

The clerk may not reject untimely papers. If the court refuses to consider the paper, the order must so indicate. more...

 Rules and Requirements

Continuance of Hearing Date -- Court Approval Necessary To Extend Deadlines By Stipulation

Except as specifically allowed by these rules, no hearing date or deadline specified by the rules of this more...

Motion Required To Continue Status Conference

Status conferences may only be continued by motion to the court. . more...

Local Rule -- Continuance of Arbitration Hearing

An Arbitration Hearing date may be continued: more...

a. By written stipulation, signed by all parties, with the consent of the assigned arbitrator. The original copy more...

b. By noticed motion, if the desired hearing date exceeds 90 days from the date the arbitrator was more...

c. By written stipulation of all parties, and approval by the Court, if the hearing date exceeds 90 more...

.

Complex Cases -- Special Requirements

In order to promote judicial economy and avoid wasting court resources, counsel for moving parties must notify the more...

approved by the court. more...

Orange County Complex Case Guidelines, available online at: . more...

California Rules of Court Re Continuances and Extensions

In General

Unless otherwise provided by law, the court may extend or shorten the time by which a party must more...

Application

An application for an order extending the time within which any act is required by law to be more...

Disclosure of Previous Extensions

An application for an order extending time must disclose in writing the nature of the case and what more...

Filing and Service

An order extending time must be filed immediately and copies served within 24 hours after the making of more...

Continuance of Trial

Trial Dates Are Firm

To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties more...

Motion or Application

A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to more...

Grounds for Continuance

Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. more...

(1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; more...

(2) The unavailability of a party because of death, illness, or other excusable circumstances; more...

(3) The unavailability of trial counsel because of death, illness, or other excusable circumstances; more...

(4) The substitution of trial counsel, but only where there is an affirmative showing that the substitution is more...

(5) The addition of a new party if: more...

(A) The new party has not had a reasonable opportunity to conduct discovery and prepare for trial; or more...

(B) The other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in more...

(6) A party s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or more...

(7) A significant, unanticipated change in the status of the case as a result of which the case more...

Other Factors to be Considered

In ruling on a motion or application for continuance, the court must consider all the facts and circumstances more...

(1) The proximity of the trial date; more...

(2) Whether there was any previous continuance, extension of time, or delay of trial due to any party; more...

(3) The length of the continuance requested; more...

(4) The availability of alternative means to address the problem that gave rise to the motion or application more...

(5) The prejudice that parties or witnesses will suffer as a result of the continuance; more...

(6) If the case is entitled to a preferential trial setting, the reasons for that status and whether more...

(7) The court s calendar and the impact of granting a continuance on other pending trials; more...

(8) Whether trial counsel is engaged in another trial; more...

(9) Whether all parties have stipulated to a continuance; more...

(10) Whether the interests of justice are best served by a continuance, by the trial of the matter, more...

(11) Any other fact or circumstance relevant to the fair determination of the motion or application. . more...

Motion To Advance, Specially Set, or Reset Trial Date

Noticed Motion or Application Required

A party seeking to advance, specially set, or reset a case for trial must make this request by more...

Grounds for Motion or Application

The request may be granted only upon an affirmative showing by the moving party of good cause based more...

Service of Responsive Pleading

The parties may stipulate to an additional fifteen (15) days to serve a pleading responsive to a complaint more...

Continuance After Service of Responsive Pleading

Within thirty (30) days of service of the responsive pleadings, the parties may stipulate to a single continuance more...

Arbitration Hearing

Parties may stipulate to a continuance of an arbitration hearing as provided by California Rule of Court 3.817. more...

 Reply Papers

Caption

California Rule of Court 312(h) was deleted effective 1/1/07.It provided that motions or demurrers may have short captions that simply identify the first party on each more...

It appears that with motions and papers other than demurrers, California Rule of Court 2.111(4) now governs. more...

No change, other than a renumbering, was made to the California Rule of Court addressing the other elements more...

Local Rule Regarding Designation of Judicial Officer and Other Information

All documents filed in cases subject to civil case management, with the exception of the original summons and more...

ASSIGNED FOR ALL PURPOSES TO: more...

JUDICIAL OFFICER (insert name) more...

DEPARTMENT (insert no.) more...

In addition, the face page of any subsequent document must also designate the nature of the document, the more...

Memorandum of Points and Authorities

Content

A reply memorandum must contain a statement of facts, a concise statement of the law, and the evidence, more...

Ten (10) Page Limit on Reply Briefs

A reply memorandum may not exceed ten (10) pages, not including exhibits, declarations, attachments, tables, or proof of more...

Citations to Authority and Exhibits

Case citations must include the official report volume and page number and year of decision. . more...

A judge may require that authority from outside California be lodged with the papers that cite the authority more...

References to exhibits must include the number or letter of the exhibit, the specific page and specific paragraph more...

Reference to Previously Filed Papers

Any paper previously filed must be referred to by date of execution and title. . more...

Style of Citations

Citations to cases and other authorities in all documents filed in the courts must be in the style more...

Signature

Every paper filed with the court must be signed by the attorney or unrepresented party submitting the paper. more...

Preemption of Local Rules

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, more...

Additional Requirements

Orange County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Evidence

Written

Papers that may be filed in support of a motion include declarations, exhibits, appendices, and other documents or pleadings. more...

Evidence received at a law and motion hearing must be by declaration, or request for judicial notice, without more...

Request To Present Testimony

A party wishing to present oral evidence at a hearing must file, no later than 3 court days more...

Declarations

Orange County SmartRules procedural guide: DECLARATIONS. more...

Judicial Notice

Orange County SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...

Deposition Testimony

The first page of any deposition testimony used as an exhibit must state the name of the deponent more...

Objections To Evidence

Reply papers may include objections to the evidence relied upon by the opposing party. Customarily, objections to evidence are made in a separate document. more...

 FILING AND SERVICE

Filing

Time

Reply papers must be filed at least 5 court days before the hearing date. . more...

Method

Orange County SmartRules procedural guide: FILING DOCUMENTS. more...

Complex Civil Actions -- Electronic Filing Mandatory

Electronic filing is mandatory for all complex cases in Orange County Superior Court. more...

For more detailed information requirements, Orange County SmartRules procedural guide: FILING DOCUMENTS. more...

No Fee

There is no fee for filing reply papers. more...

Service

Service

Opposition and reply papers must be served by personal delivery, fax, express mail, or any method that is more...

 Hearing and Disposition

Appearance at the Hearing

A party may give notice that he or she will not appear at a law and motion hearing more...

Matter Not To Be Heard

The moving party must immediately notify the court if a matter will not be heard on the scheduled more...

Tentative Rulings

Those tentative rulings which are posted on the Internet may be viewed at . In addition, tentative rulings more...

.

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. . Orange County SmartRules procedural guide: REQUEST FOR TELEPHONIC APPEARANCE. more...

Local Rule Re Telephonic Appearances

Notification that a party will appear telephonically must be made in accordance with . more...

Individual departments will advise the parties whether telephone calls are to be placed directly to the department or more...

Ruling and Order

A proposed order must be lodged and served as a separate document. . Orange County SmartRules procedural guide: more...

 

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior