How to Continue a Hearing Date in California

Dax walked into my office last week, visibly distraught. He’d meticulously prepared for a probate hearing regarding his mother’s estate, had all his declarations ready, and even secured a key witness to confirm a specific family loan. Then he opened the mail – a notice rescheduling the hearing for a date after the witness left the country for a six-month assignment. He’d spent weeks preparing, incurring costs for expert reports and witness prep, and now faced the prospect of another delay, more expense, and the risk of losing crucial evidence. These situations are far more common than people realize, and understanding how to navigate a continuance request is paramount.

What are the Grounds for a Continuance?

A continuance isn’t granted simply because you want one. California Probate Code demands a showing of “good cause.” This typically means unforeseen circumstances that materially impact your ability to present your case effectively. Common grounds include witness unavailability (like Dax’s situation), illness, crucial evidence becoming unavailable, or a genuine need for more time to prepare. “Good cause” is subjective, and the judge has discretion, but a well-documented and compelling reason significantly increases your chances of success. A vague claim of “more time to prepare” rarely works; specificity is key. Showing you diligently attempted to obtain the witness’s testimony before their departure is a strong supporting argument.

How Do I Actually Request a Continuance?

The method for requesting a continuance depends on whether you’re already in court or haven’t yet appeared. If the hearing hasn’t started, the preferred method is to file a formal Motion to Continue Hearing (Form MC-020) before the scheduled date. This motion should clearly state the reason for the continuance, the length of delay requested, and a declaration outlining the supporting facts. Serve a copy on all interested parties. However, life doesn’t always allow for advance planning. If the crisis arises during the hearing itself, you can make an oral request to the judge. But be warned: Probate Code § 1043 allows you to make an oral request for continuance, but the court will immediately require you to file a written objection within 30 days if the continuance is granted.

What if the Other Party Opposes My Request?

Opposition is common, especially in contentious probate matters. The opposing party may file a written opposition to your Motion to Continue, outlining their reasons for objecting. The judge will then weigh both sides, considering the potential prejudice to both parties. If you anticipate opposition, it’s crucial to prepare a rebuttal, addressing their concerns and reinforcing your argument for good cause. This is where meticulous preparation and thorough documentation are invaluable. Sometimes, a simple phone call to opposing counsel to discuss the issue and reach a stipulation for a continuance can be the most efficient solution.

What About Ex Parte Continuances?

An ex parte continuance is requested without notice to the other party, usually in emergency situations. While possible, they are disfavored by the courts. You’ll need to demonstrate a truly urgent and unforeseen circumstance – for example, a sudden, incapacitating illness – and attempt to contact opposing counsel before making the request. Successfully obtaining an ex parte continuance is challenging, and you’ll likely need to follow up with a formal, noticed motion to ensure the continuance remains in effect.

What if I Simply Miss the Hearing?

Missing a hearing is a serious matter, and the consequences can be severe. Probate Code § 1220 dictates that if you weren’t properly notified, the order might be void. The petitioner has a strict duty to mail the Notice of Hearing (Form DE-120) to all interested persons at least 15 days prior, with a ‘Proof of Service’ filed with the court. However, even with proper notice, simply missing the hearing can lead to adverse rulings. You’ll need to file an immediate Motion to Set Aside Order and demonstrate excusable neglect. Don’t delay; the longer you wait, the harder it becomes to undo the consequences.

For over 35 years, I’ve practiced as both an Estate Planning Attorney and a Certified Public Accountant here in Temecula. This unique background gives me a distinct advantage when handling probate matters. As a CPA, I understand the crucial implications of step-up in basis, capital gains taxes, and asset valuation – issues often overlooked by attorneys without a financial background. Properly addressing these concerns can save your estate substantial sums in the long run.

What Happens at the Hearing If I Do Get a Continuance?

Even if the judge grants your continuance, don’t assume everything is settled. The judge will typically enter a minute order reflecting the new hearing date. However, to ensure clarity and avoid future disputes, it’s essential that the prevailing party – in this case, you – prepares a formal “Proposed Order” and lodges it with the court before the initial hearing date. California Rule of Court 3.1312 states the judge will generally sign your proposed order. If no order is lodged, you leave with nothing. Furthermore, ensure the court reporter notes the continuance for the record.