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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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 Opposition to Motion for Continuance or Extension

 Superior Court of  California

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

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 Timing

9 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...

Any Party Can Request Hearing

Any party, or attorney for a party, who desires to have any demurrer, motion, or order to show more...

Department Rules

Many San Diego County Superior Court judicial officers have Department Rules governing, among other things, aspects of motion practice. more...

Scheduling the Hearing

Consult instructions for "Scheduling an Ex Parte Hearing or Noticed Motion," available online at more...

.

 Rules and Requirements

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...

 Opposition 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...

Memorandum of Points and Authorities

Content

The opposition memorandum must contain a statement of facts, a concise statement of the law, and the evidence, more...

Fifteen (15) Page Limit on Briefs

Except in a summary judgment or summary adjudication motion, an opposition memorandum may not exceed fifteen (15) pages, more...

A memorandum that exceeds ten (10) pages shall include a table of contents and table of authorities. more...

A memorandum that exceeds fifteen (15) pages shall also include an opening summary of argument. . 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 and attached as an exhibit. 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

San Diego 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

San Diego County SmartRules procedural guide: DECLARATIONS. more...

Judicial Notice

San Diego 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

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

 Additional Documents

Proposed Order

A proposed order may be lodged and served with moving or opposition papers but must not be attached more...

Proposed orders may be filed and submitted electronically as provided in . . more...

San Diego County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

 FILING AND SERVICE

Filing

Time

Opposition papers must be filed no later than 9 court days before the hearing date. . more...

Method

San Diego County SmartRules procedural guide: FILING DOCUMENTS. more...

No Fee

There is no fee for filing opposition 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

Prior to the hearing, any civil department may issue a tentative ruling in a law and motion matter, more...

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. . San Diego County SmartRules procedural guide: more...

Ruling and Order

San Diego County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. 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