Educational guide
California Civil Trial Continuance Checklist
A practical general-information checklist for organizing a request to continue a California civil trial, based on California Rules of Court, rule 3.1332. It is not individualized legal advice and does not determine whether good cause exists.
- Treat the assigned trial date as firm unless the court changes it. Rule 3.1332 states that civil trial dates are firm, and a stipulation or agreement among the parties does not by itself continue the trial.
- Review the trial-setting order, docket and the assigned superior court's local rules. Confirm whether the court requires a reservation, a particular filing method, a proposed order, courtesy copies or other department-specific materials.
- Act as soon as reasonably practical after learning why a continuance may be necessary. Rule 3.1332 requires a party to request a continuance by noticed motion or ex parte application with supporting declarations.
- Prepare declarations based on personal knowledge that explain the requested length, the facts supporting good cause, when the need arose, prior continuances and the efforts made to avoid delay. Attach only relevant supporting material.
- Address the factors the court may consider, including proximity to trial, earlier delays, available alternatives, prejudice to parties or witnesses, calendar impact, any stipulation and whether the interests of justice favor a continuance.
- Do not assume that substitution of counsel, an unavailable witness, incomplete evidence or a changed case status automatically requires a continuance. Rule 3.1332 lists circumstances that may indicate good cause, but the court evaluates each request on its own facts.
- File and serve the motion or application under the procedure and timing that actually apply. If proceeding ex parte, also follow rules 3.1200 through 3.1207 and the local court's notice and presentation requirements.
- Continue preparing for the existing trial date until the court enters a different order. Monitor the docket, read every condition in the ruling and seek prompt advice from a qualified lawyer when the request could affect discovery, witnesses, experts or other trial rights.
Official resources
This guide provides general information only and is not legal or medical advice. Rules and individual circumstances differ. In an emergency, call 911.