How do I file a continuance in civil case?

[BrokeLoser]

What is the name of your state (only U.S. law)? CA

Pro se:
I need to file for a 60 day continuance in a civil matter. The Plaintiff in the case has agreed to it. How do I do this? What form needs to be filed?
I'm in Southern,CA

Thank you!

 

[LOLatDad]

Stipulation

There is no form.

You need to file a Stipulation on Pleading Paper. You write up a Stipulation which will have your reason for needing the extra time. If the plaintiff agreed, you will state that they agreed via phone, email, fax, etc. and you will need to sign under oath. You will also attach a page for the judge to sign granting the continuance. You would need to serve a signed copy to the plaintiff and make sure the plaintiff is notified about the new date.

You should be able to find a few examples of Stipulations online if you search for "California Continuance Stipulation Example" or something similar to that.

 

[BrokeLoser]

There is no form.

You need to file a Stipulation on Pleading Paper. You write up a Stipulation which will have your reason for needing the extra time. If the plaintiff agreed, you will state that they agreed via phone, email, fax, etc. and you will need to sign under oath. You will also attach a page for the judge to sign granting the continuance. You would need to serve a signed copy to the plaintiff and make sure the plaintiff is notified about the new date.

You should be able to find a few examples of Stipulations online if you search for "California Continuance Stipulation Example" or something similar to that.

WOW..
Most extensive and best advice I have got from this forum.
Thank you so much!

 

[BrokeLoser]

I am having a heck of a time finding an example of a Stipulation and Order filing
in CA. I called the court clerk and she said the judge likes to see these filed for a continuance request.
I have almost no idea as to what this should should look like. Any help would be greatly appreciated.

Thanks!

 

[cunundrum69]

Requesting an extension of time is not that difficult. In fact I just filed a motion which requested more time today in the Ca Appellate courts, as a pro-per litigant. (Criminal) It is very easy when you have successfully compelled the opposing party to agree to extension to get the court to agree to it. I never use an official form to do this? Whenever I request an extension of time, I explain my reasons to the court (in a simple motion titled "application for enlargement of time for which to file the so and so brief" etc...to demonstrate good cause. If you do not feel that you have good cause that a judge would believe or agree with, then merely inform the court that you have obtained "a mutual stipulation for 60 days" from the plaintiff. Once this is done, it informs the court that both parties feel an extension is necessary and therefore there is no good cause to deny the extension unless there has previously been unreasonable delay in litigating the case.
One thing I would be concerned about, is that if you tell the court that the plaintiff has agreed to the extension, how can you prove this? What's to prevent the plaintiff from saying that he never agreed to it, after the fact? People pull shady maneuvers all day in the court system in order to gain an advantage. Do you have an email correspondence, or a recorded telephone conversation with the party? I would, as a precaution, write some email memo reminding the plaintiff of your agreement, and to double check on "the length" of the extension. Get him to email you back with confirmation and save your email message. But like the previous post said... all what you are required to do is honestly inform the court as to how you obtained this confirmation, and declare it under oath in your certificate of service and verification page by saying that you declare under penalty of perjury that the forgoing is true..etc. (Note: Some Courts, like the Federal Ninth Circuit court of appeal like it when the requests for extensions are filed a generous amount of time before the deadline. But, let's say for instance, your deadline was two days from now, or tomorrow, and you just learned of this, still file the request for the extension of time, so long as it is filed before the deadline. - When I manage to have the request filed several weeks before the deadline, I usually request from the Court that it kindly draft the order granting the motion prior to expiration of the original deadline. But this is not required)

 

[BrokeLoser]

great advice, I appreciate you being extensive.
I think I have something drafted on pleading paper that will work.
Question though: Do I need to create a line for the judges signature approving the continuance?

 

[cunundrum69]

Not necessarily. What you could also do is draft a motion called "Proposed order for extension of Time" etc. Something like this. I think all what is required is that you make the motion before the Court informing it of the agreed upon stipulation and declare under penalty of perjury that the foregoing is true to the best of your ability. In the California appellate court there are several requirements... Here hold on... here is a copy of one of my motions. I have taken all of the personal information out of it and slightly modified it. (Note: The caption cover page doesn't line up properly in this format)

IN THE SUPERIOR COURT OF CALIFORNIA

IN AND OF THE COUNTY OF FOREEVERMORE

_________________
IN RE MATTER OF: ) Case No. 69696969
)
JOE BLOW (Pro-Per) )
)
Petitioner, ) 1.) APPLICATION FOR EXTENSION
v. ) OF TIME FOR WHICH TO FILE
) THE (WHATEVER THE BRIEF IS CALLED)
PEOPLE OF THE STATE )
OF CALIFORNIA )
Respondent. ) .
___________________/

==========================================================

INTRODUCTION

1.) Comes now in the Superior Court of California, for the "Whatever District you're in", the Plaintiff, JOE BLOW, on his own behalf. The Plaintiff does now submit this application for an extension of time for which to file his (NAME OF BRIEF).
(1)

2.) (For example): "Good cause exists for the court to grant the petitioner’s request: the Plaintiff is proceeding pro-se and he has several other legal cases pending at the present moment, and in several of those cases, he is facing similar deadlines imposed upon him by the Courts to have particular motions drafted and filed in the near future. etc..

(JUST USE YOUR OWN REASONS IF ANY. YOU MIGHT EVEN DECIDE NOT TO LIST THE REASONS WHICH ARE "GOOD CAUSE" IF YOU DON'T THINK THEY ARE GOOD ENOUGH, AND MERELY INFORM THE JUDGE THAT YOU HAVE OBTAINED YOUR AGREEMENT TO THE 60 DAY EXTENSION. MAKE CERTAIN TO INFORM THE COURT HOW AND WHERE THIS COMMUNICATION AND AGREEMENT WAS REACHED, AND WHAT DAY IT OCCURRED.

. In light of the above information, the Plaintiff hereby respectfully requests from this court a 60 day extension of time from the original due date for which to have the brief filed.
YOU SHOULD THEN MAKE SURE TO TELL THE JUDGE WHAT THE ORIGINAL DUE DATE WAS. THEN DO THE CALCULATION FOR THE NEW DATE ADDING THE 60 DAYS AND REMEMBER TO COUNT THE ORIGINAL DUE DATE AS DAY 1.

For example: The original due date was January 30th 2010. Adding 60 days from that date would render the due date February 30th... etc.
The Plaintiff therefore, respectfully requests that the new due date be scheduled for February, 30 2010. (THEN SAY) "No previous extensions of time have been requested." "The Plaintiff submits that he has been working diligently in this case, and plans to construct a motion in an earnest manner to have said motion completely drafted by the requested due date. Thank You.
(2)

VERIFICATION AND CERTIFICATE OF SERVICE

I, Joe Blow, am the Plaintiff in the above entitled case. I am over the age of 18. I hereby swear that everything contained herein is the truth to the best of my ability. On the date listed below, I mailed a true copy of this document to the Superior Court of California, Office of the Filing Clerk of the Court, at the address of _________________ Another Copy was mailed to the Defendant in this case at the address of ____________________

Respectfully submitted,

4/16/1912 _________JOE BLOW_____
Date Name

(3)

But remember, like the individual above said. It might be a good idea to draft a proposed order for the Judge to sign. It could merely be titled: "Proposed order for extension of time". Then say something like "In light of the information contained within the Plaintiff's filed document titled "Application for enlargement of time to file his opening brief", the Court finds that good cause exists to grant the extension. The new due date is therefore scheduled for (THEN LIST THE NEW DUE DATE) At the end of the motion... make two lines at the bottom of the page
on for the date, then one for the Judge to sign. Put the word DATE underneath the bottom of the line on the left side of the page, then put "JUDGE SO AND SO" the name of the Judge underneath the bottom of the right side.

So, I guess I am suggesting to draft two separate motions.

 

[BrokeLoser]

WOW...I can't tell you how much I appreciate your help.
I should have said this is an actual trial date that I am trying to extend...does that matter in how I approach it?
Also, you think the judge would agree that me taking care of my very sick mother full time as good cause for an extension?

 

[cunundrum69]

To be safe, if you decide to explain to the court the situation with your mother, I would list whatever reasons you can conjure then say something like, "in addition to several personal problems which are making it difficult for me to properly prepare. After explaining my situation to the Defendant's, they agreed to stipulate to the extension". etc. This will demonstrate how the Defense will not be prejudiced were the court to grant the order.
Sometimes, Courts will wait until after the deadline date to even address a petition to extend time. If this were to happen, you should still be prepared to proceed on the originally scheduled date. Don't think the motion will automatically be granted because the Defense stipulated. If the Judge does not notify you of his decision before the trial date, he will tell you his decision immediately before trial. If he should say he is not going to grant it, then you will need to proceed with the trial anyway. Be prepare both ways.