Motion to Continue Criminal Trial/Hearing

The requirements to obtain a continuance of a criminal trial or hearing in California are contained within Penal Code §1050, et seq. Complying with these requirements is essential to having your motion granted. Failure to comply could result in the motion being denied and possible sanctions.

A written notice is required to be filed and served on all parties involved at least two court days before the trial/hearing that you are seeking to continue. Affidavits or declarations must be included detailing the specific facts as to why a continuance is necessary. Unless a waiver of service has been obtained, you must prove that all parties have been served and the documents have been received. If either party files said motion without the required two-day court notice, the court will hold a hearing to decide whether or not there is good cause for failure to provide the notice. If the moving party fails to show good cause, the motion will be denied. At that time, the moving party will be subjected to sanctions.

The moving party is also required to show good cause as to why the motion should be granted. If good cause is shown and the motion is granted, the trial/hearing will only be continued for the period that is necessary as shown by the evidence in the motion and supporting affidavit. If a party requests a continuance to secure the testimony of a witness, they must show due diligence in securing the attendance of that witness, i.e. the witness would not be able to testify within a reasonable amount of time.

Other situations that could constitute good cause for a continuance might be when you or your counsel need more time to prepare for your defense and investigate the case further. Also, if a new attorney takes over the case, and the filing of the previous attorney was not made in bad faith, the motion needs to be granted for new counsel to prepare the case.

Do you have questions about a case? Visalia and Bakersfield area criminal defense attorneys at Martens Law Firm can assist you with criminal charges. With years of criminal defense experience, our firm has handled thousands of cases.  Attorneys here have the skills and knowledge needed to defend your rights. Serving the Visalia, Fresno, and Bakersfield areas, Martens Law Firm can provide expert criminal defense counsel.