Santa Clara Superior Court Adjournment & Extension Requirements

Checked against the court's document on Sep 21, 2026CRITICAL

Criminal cases

A party intending to request a continuance or who cannot proceed must promptly inform all other counsel and then the court at least two court days before the hearing, absent unusual or exigent circumstances.

Except in unusual or exigent circumstances, any party intending to request a continuance or who cannot proceed in any matter set for hearing must promptly inform all other counsel and THEN inform the court assigned to hear the motion. This notification to the court must be at least two court days before the hearing.

Checked against the court's document on Sep 21, 2026CRITICAL

Criminal cases

Any party seeking a continuance or intending not to proceed must promptly inform all other counsel and then the court.

Any party seeking a continuance or intending not to proceed in any matter set for hearing shall promptly inform all other counsel and thereafter inform the court.

Checked against the court's document on Sep 21, 2026CRITICAL

Criminal cases

A request to file a motion past the last day to file must be accompanied by an affidavit stating good cause.

Any request to file a motion beyond a previously declared last day to file must be accompanied by an affidavit stating good cause for the motion to be filed past the deadline.

Checked and corrected to match the court's document on Sep 21, 2026CRITICAL

Additional continuances require a written request to the APJ no later than 9:00 a.m. on the court day before the hearing, based on good cause.

No additional continuances will be granted except by a written request submitted to the APJ no later than 9:00 a.m. on the court day before the hearing, based on a showing of good cause.

Checked against the court's document on Sep 21, 2026CRITICAL

SOC may be continued/vacated by filing a letter with Court Clerk at least two court days before, with agreement of parties; it is deemed approved unless notice otherwise.

The SOC may be continued or vacated upon the submission of a letter copied to all counsel and self-represented parties indicating the agreement of the parties, or their attorneys, and filed with the Court Clerk at least two court days prior to the date of the scheduled SOC. An agreement to continue or vacate the SOC submitted in conformance with this Rule will be deemed approved unless the FSCO Clerk notifies the parties otherwise.

Checked against the court's document on Sep 21, 2026CRITICAL

To change a CRC date, must submit Request and Order to Change CRC Date (FM-1059) at least 10 calendar days before.

In order to change the date of a CRC in advance without attending, attorneys or self-represented parties must complete and submit a Request and Order to Change Case Status or Resolution Conference Date (Local Form FM-1059) at least ten (10) calendar days before the CRC.

Checked and corrected to match the court's document on Sep 21, 2026CRITICAL

After trial and MSC are set, continuances require a noticed motion for good cause; stipulation to go off calendar requires notice to clerk at least one week before.

Once a trial (or long cause hearing) and MSC are set, no continuances will be granted except upon noticed motion for good cause. The parties may stipulate that the matter may go off calendar subject to Court approval, by notifying the clerk of the APJ and the calendar secretary at least one (1) week before the scheduled trial date or MSC. Any case that has been taken off the trial calendar by stipulation, can be restored to the trial calendar either by noticed motion or by requesting a further Status Conference or CRC.

Checked against the court's document on Sep 20, 2026CRITICAL

Continuance seekers must promptly inform all other counsel and then the assigned court at least two court days before the hearing; in felony cases counsel must submit a calendar request to reset trial if needed.

Except in unusual or exigent circumstances, any party intending to request a continuance or who cannot proceed in any matter set for hearing must promptly inform all other counsel and THEN inform the court assigned to hear the motion. This notification to the court must be at least two court days before the hearing. It is counsel’s responsibility in felony cases to submit a calendar request to reset the trial date if continuing the motion will require a continuance of the trial date.

Checked against the court's document on Sep 20, 2026CRITICAL

Parties seeking a continuance or not proceeding must promptly notify all counsel and then the court.

Any party seeking a continuance or intending not to proceed in any matter set for hearing shall promptly inform all other counsel and thereafter inform the court.

Checked against the court's document on Sep 20, 2026CRITICAL

Extension of evaluation deadline requires written application with good cause, service on all parties, and a 10-day response period.

The time for completing the evaluation may be extended by the Court on the evaluator’s written application upon a showing of good cause. Any extension request must be served on all self-represented parties and attorneys. The Court will wait 10 calendar days before deciding any extension request, to allow parties the opportunity to respond. Any response must be submitted to the Court in writing with a proof of service on the opposing party or counsel, FCS, private evaluator.

Checked against the court's document on Sep 20, 2026CRITICAL

Additional continuances require a written request to the APJ by 9:00 a.m. on the court day before the hearing, based on good cause.

No additional continuances will be granted except by a written request submitted to the APJ no later than 9:00 a.m. on the court day before the hearing, based on a showing of good cause.

Checked against the court's document on Sep 20, 2026CRITICAL

Attorneys or self-represented parties must submit a Request and Order to Change Case Status or Resolution Conference Date form at least 10 calendar days before a CRC; appearance remains required unless the judicial officer approves the change.

In order to change the date of a CRC in advance without attending, attorneys or self-represented parties must complete and submit a Request and Order to Change Case Status or Resolution Conference Date (Local Form FM-1059) at least ten (10) calendar days before the CRC. Appearance at the CRC is required unless the judicial officer approves the change.

Checked against the court's document on Sep 20, 2026CRITICAL

No continuances will be granted after trial and MSC are set except upon noticed motion for good cause.

Once a trial (or long cause hearing) and MSC are set, no continuances will be granted except upon noticed motion for good cause.

Checked against the court's document on Sep 20, 2026WARNING

Applications for extensions of time must comply with CRC 8.810 and provide due date, length of extension, prior extensions, opposing party's position, and proof of service.

Applications for extensions of time to file records, briefs, or other documents must comply with CRC 8.810 and also provide: (1) the due date for the document to be filed; (2) the length of the extension requested; (3) information about any earlier extensions for the same document that were granted and, if so, the length of prior extensions; (4) the opposing party’s position on the requested extension; and (5) a proof of service of the extension request on all parties, including, in civil cases, the client for whose benefit the extension is being sought as required by CRC 8.810(e).

Checked against the court's document on Sep 21, 2026WARNING

Criminal cases

Motions to continue Master Trial Calendar cases are heard on the After Arraignment Calendar before the pending trial date, absent good cause.

Unless good cause is shown, motions to continue matters on the Master Trial Calendar will be heard on the After Arraignment Calendar before the pending trial date.

Checked against the court's document on Sep 21, 2026WARNING

Criminal cases

No continuances will be granted solely because special-appearance counsel is not prepared to discuss the case.

No continuances will be granted on the basis that special appearance counsel is not prepared to discuss the case.

Checked against the court's document on Sep 21, 2026WARNING

Civil cases

The Court may advance a CMC by written stipulation of all parties, or continue a CMC upon timely application and a showing of good cause.

(a) Pursuant to written stipulation of all parties, the Court may advance a CMC. (b) Upon timely application and a showing of good cause, the Court may continue a CMC. If the Court continues a CMC, the party who applied for the continuance must serve notice of the continuance on all parties who were served with a copy of the Civil Lawsuit Notice.

Checked against the court's document on Sep 21, 2026WARNING

Civil cases

Plaintiffs unable to serve the defendant may request a later hearing date at the clerk's office at least one court day before the hearing.

If the plaintiff is unable to serve the defendant in time, the plaintiff may request a later hearing date by going to the clerk's office at least one court day before the date set for the hearing.

Checked against the court's document on Sep 21, 2026WARNING

Evaluation time may be extended only on written application showing good cause; extension requests must be served on all parties and counsel, and responses must be in writing with proof of service.

The time for completing the evaluation may be extended by the Court on the evaluator's written application upon a showing of good cause. Any extension request must be served on all self-represented parties and attorneys. The Court will wait 10 calendar days before deciding any extension request, to allow parties the opportunity to respond. Any response must be submitted to the Court in writing with a proof of service on the opposing party or counsel, FCS, private evaluator.

Checked against the court's document on Sep 21, 2026WARNING

Any proposed stipulation to reschedule a Custody Settlement Conference must be in writing and include the evaluator's signature.

Any proposed stipulation to reschedule a CSC shall be in writing and shall include the evaluator's signature.

Checked against the court's document on Sep 21, 2026WARNING

A stipulation to continue a hearing will not affect the filing and service dates set by an original order shortening time unless the Court specifically orders otherwise.

If the Court had issued an order shortening time for the filing, service, and original hearing date, and the hearing date is then continued by stipulation of the parties, the continuance will not affect the dates for filing and service set by the original order shortening time unless the Court specifically so orders.

Checked against the court's document on Sep 21, 2026WARNING

A matter may not be taken off calendar without notice to the responding party, and that party's consent is required if it has requested affirmative relief.

After service of the moving papers, no matter shall be taken off calendar without notice to the responding party. The responding party must agree to take any matter off calendar when the responding party has requested affirmative relief.

Checked against the court's document on Sep 21, 2026WARNING

An initial Status Conference is continued if a Settlement Officer Conference is scheduled before it.

An initial Status Conference will be continued if an SOC is calendared before the Status Conference.

Checked against the court's document on Sep 20, 2026WARNING

A CMC may be advanced by written stipulation of all parties or continued upon timely application and good cause; if continued, the requesting party must serve notice of the continuance on all parties who received the Civil Lawsuit Notice.

(a) Pursuant to written stipulation of all parties, the Court may advance a CMC. (b) Upon timely application and a showing of good cause, the Court may continue a CMC. If the Court continues a CMC, the party who applied for the continuance must serve notice of the continuance on all parties who were served with a copy of the Civil Lawsuit Notice.

Checked against the court's document on Sep 20, 2026WARNING

A scheduled motion may be continued only upon application to the judge scheduled to hear it, upon a showing of good cause.

A scheduled motion may be continued only upon application to the judge who is scheduled to hear the motion, upon a showing of good cause.

Checked against the court's document on Sep 20, 2026WARNING

A small claims plaintiff unable to serve the defendant in time may request a later hearing date by going to the clerk's office at least one court day before the hearing.

If the plaintiff is unable to serve the defendant in time, the plaintiff may request a later hearing date by going to the clerk’s office at least one court day before the date set for the hearing.

Checked against the court's document on Sep 20, 2026WARNING

Motions to continue matters on the Master Trial Calendar must be heard by the Supervising Judge – Criminal at or before the Readiness Conference.

All motions to continue matters set on the Master Trial Calendar are heard by the Supervising Judge – Criminal at or before the Readiness Conference.

Checked against the court's document on Sep 20, 2026WARNING

Motions to continue Master Trial Calendar matters are heard on the After Arraignment Calendar before the trial date, unless good cause is shown.

Unless good cause is shown, motions to continue matters on the Master Trial Calendar will be heard on the After Arraignment Calendar before the pending trial date.

Checked against the court's document on Sep 20, 2026WARNING

Continuances will not be granted solely because special appearance counsel is not prepared to discuss the case.

No continuances will be granted on the basis that special appearance counsel is not prepared to discuss the case.

Checked against the court's document on Sep 20, 2026WARNING

A party may request one rescheduled mediation date, but must notify FCS at least 48 hours before the appointment or be assessed a fee.

If the date assigned by FCS is not acceptable, either party may request one rescheduled date for mediation. If a party does not notify FCS of a request to reschedule at least 48 hours before the mediation appointment, that party will be assessed a fee to FCS.

Checked against the court's document on Sep 20, 2026WARNING

Stipulations to reschedule a Custody Settlement Conference must be in writing and include the evaluator's signature.

Any proposed stipulation to reschedule a CSC shall be in writing and shall include the evaluator’s signature.

Checked against the court's document on Sep 20, 2026WARNING

A continuance of the hearing date does not affect the filing and service dates set by an order shortening time unless the Court orders otherwise.

If the Court had issued an order shortening time for the filing, service, and original hearing date, and the hearing date is then continued by stipulation of the parties, the continuance will not affect the dates for filing and service set by the original order shortening time unless the Court specifically so orders.

Checked against the court's document on Sep 20, 2026WARNING

A party cited for contempt who appears without an attorney will be granted one continuance to retain counsel or seek representation, and must attend the continued hearing.

If a party cited for contempt appears without an attorney, one continuance will be granted to permit the citee to retain counsel or if indigent, to be referred to the appropriate office to determine financial eligibility and representation. The citee will be ordered to attend the continued hearing.

Checked against the court's document on Sep 20, 2026WARNING

An SOC may be continued or vacated only upon a letter showing agreement of all parties, filed with the Court Clerk at least two court days before the scheduled SOC, and is deemed approved unless the FSCO Clerk notifies otherwise.

The SOC may be continued or vacated upon the submission of a letter copied to all counsel and self-represented parties indicating the agreement of the parties, or their attorneys, and filed with the Court Clerk at least two court days prior to the date of the scheduled SOC. An agreement to continue or vacate the SOC submitted in conformance with this Rule will be deemed approved unless the FSCO Clerk notifies the parties otherwise.

Checked and corrected to match the court's document on Sep 20, 2026WARNING

Parties may stipulate to take a matter off calendar subject to court approval, by notifying the clerk of the APJ and calendar secretary at least one week before the scheduled trial or MSC.

The parties may stipulate that the matter may go off calendar subject to Court approval, by notifying the clerk of the APJ and the calendar secretary at least one (1) week before the scheduled trial date or MSC.

Checked against the court's document on Sep 20, 2026WARNING

A continuance without a court appearance requires all parties' agreement and must be requested by telephone to the Probate Examiner's Office at least three court days before the hearing.

A continuance may be granted without the need for a court appearance only if all parties agree. The request may be made by a telephone call to the Probate Examiner’s Office at least three court days before the scheduled hearing. The Court may deny any continuance request.

Checked against the court's document on Sep 20, 2026WARNING

Applications for extensions of time must comply with CRC 8.810 and provide specific details including due date, length of extension, prior extensions, opposing party's position, and proof of service.

Applications for extensions of time to file records, briefs, or other documents must comply with CRC 8.810 and also provide: (1) the due date for the document to be filed; (2) the length of the extension requested; (3) information about any earlier extensions for the same document that were granted and, if so, the length of prior extensions; (4) the opposing party’s position on the requested extension; and (5) a proof of service of the extension request on all parties, including, in civil cases, the client for whose benefit the extension is being sought as required by CRC 8.810(e).

Checked against the court's document on Sep 21, 2026INFO

A party cited for contempt who appears without counsel is granted one continuance to retain counsel or be referred for indigency determination, and must attend the continued hearing.

If a party cited for contempt appears without an attorney, one continuance will be granted to permit the citee to retain counsel or if indigent, to be referred to the appropriate office to determine financial eligibility and representation. The citee will be ordered to attend the continued hearing.

Checked against the court's document on Sep 20, 2026INFO

A privately retained reporter's tardiness or failure to appear is not grounds to continue or delay a proceeding unless the court finds good cause.

The tardiness or failure of a privately retained court reporter to appear for a trial or hearing will not be grounds to continue or delay a trial or proceeding, unless the court in its discretion finds good cause for a delay.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

After a date is scheduled with the Court, it may not be continued by stipulation of the parties without the Court's consent.

Summary: Dates scheduled with the Court may not be continued by stipulation of the parties without the Court's consent.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Continuances of hearing or trial dates are discouraged and the Court may not in some circumstances grant a request for continuance even if the parties are in agreement. Stipulations to continue a hearing or trial date must include a suggested future hearing date or a suggested timeframe for a future hearing date and must include a proposed order with a blank line for the Court to fill in a new hearing or trial date.

Summary: Continuances of hearing or trial dates are discouraged and may be denied even with party agreement, and stipulations to continue must propose a future hearing date or timeframe.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Counsel for moving parties must notify the Court as soon as possible regarding any matter to be taken off calendar or continued. Notice of continuances of hearings must be provided by the moving party.

Summary: Moving parties must notify the Court as soon as possible of any matter to be taken off calendar or continued and must provide notice of continuances of hearings.

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

The Court does not provide court reporters in complex civil cases. (See General Local Rule 7.) If one or more parties privately arrange for court reporter services, the failure of such court reporter to appear will not be grounds for continuing or delaying a trial or other proceedings.

Summary: Parties who privately retain court reporters may not continue or delay trial because the reporter fails to appear.

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

All motions to continue matters set on the Master Trial Calendar are heard by the Supervising Judge – Criminal at or before the Readiness Conference.

Summary: Motions to continue matters on the Master Trial Calendar must be heard by the Supervising Judge at or before the Readiness Conference.

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

Orders Shortening Time must be signed only by the judge hearing the motion or a designee. The declaration in support of the request for an Order Shortening Time must set forth good cause and must state the facts concerning notice to, and the position of, opposing counsel, co-counsel, and counsel for co-defendants.

Summary: Orders Shortening Time must be signed only by the hearing judge or designee, and the supporting declaration must set forth good cause and the facts concerning notice to and position of opposing counsel, co-counsel, and co-defendants' counsel.

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

Notice of intent to request an ex parte Order Shortening Time must be given to all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.

Summary: Notice of intent to request an ex parte Order Shortening Time must be given to all parties by 10:00 a.m. the court day before the ex parte appearance, absent exceptional circumstances.

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

Except as otherwise provided by law, for any application involving ex parte relief, including a request for an Order Shortening Time, advance notice must be given to opposing counsel, co-counsel and counsel for co-defendants.

Summary: Advance notice must be given to opposing counsel, co-counsel, and co-defendants' counsel for any application involving ex parte relief, including an Order Shortening Time.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

A scheduled motion may be continued only upon application to the judge who is scheduled to hear the motion, upon a showing of good cause.

Summary: A scheduled motion may be continued only upon application to the judge and a showing of good cause.

Not confirmed. Read the court's wording below.CRITICAL?

Before the first hearing date, if the moving papers have already been served and if the parties agree, one continuance may be obtained by filing at the Clerkʼs Office, at least two court days before the hearing, (1) a stipulation signed by both attorneys or self-represented parties; or (2) a letter signed by the requesting attorney or self-represented party confirming that the other party agrees to continue the hearing. This procedure for continuing the first hearing date does not apply to hearings on requests for domestic violence or other restraining orders.

Summary: One first-hearing continuance may be obtained by filing at the Clerk's Office at least two court days before the hearing a stipulation signed by both sides or a confirming letter; this does not apply to domestic violence or restraining order hearings.

Not confirmed. Read the court's wording below.CRITICAL?

Before the first hearing date, if the moving papers have already been served and if the parties agree, one continuance may be obtained by filing at the Clerkʼs Office, at least two court days before the hearing, (1) a stipulation signed by both attorneys or self-represented parties; or (2) a letter signed by the requesting attorney or self-represented party confirming that the other party agrees to continue the hearing. This procedure for continuing the first hearing date does not apply to hearings on requests for domestic violence or other restraining orders.

Summary: One first continuance may be obtained by filing a signed stipulation or a signed letter confirming the other party's agreement, at least two court days before the hearing; this does not apply to restraining order hearings.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

A continuance may be granted without the need for a court appearance only if all parties agree. The request may be made by a telephone call to the Probate Examiner’s Office at least three court days before the scheduled hearing. The Court may deny any continuance request.

Summary: A continuance may be granted without court appearance only if all parties agree; requests may be made by phone to the Probate Examiner's Office at least three court days before the hearing, and the court may deny any request.

Not confirmed. Read the court's wording below.WARNING?

The attorney for any moving party must not set a matter for hearing at a time which conflicts with another hearing or conference scheduled in any other case. However, more than one motion to withdraw as attorney of record may be set by the same attorney on one or more calendars, if to be heard at the same courthouse. If an attorney is scheduled to appear in more than one matter at a time (for example, as attorney for a moving party in one case and for a responding party in another case), that attorney must make reasonable effort, well in advance of the hearing date, to obtain a stipulation from the opposing attorney for a hearing on a different day and/or time. Where the unresolved conflict involves an emergency screening, the attorney with the conflict must notify the courtroom clerk and opposing counsel of the conflict and that the attorney will be delayed for a brief period to allow the emergency screening to commence. Where the unresolved conflict involves a settlement conference or trial, the attorney with the conflict must schedule a Status Conference on the earliest available date.

Summary: Moving parties must not schedule hearings that conflict with other matters; conflicted attorneys must seek stipulations for different hearing dates well in advance, and follow specific procedures for emergency screening and settlement/trial conflicts.

Not confirmed. Read the court's wording below.WARNING?

If the date assigned by FCS is not acceptable, either party may request one rescheduled date for mediation. If a party does not notify FCS of a request to reschedule at least 48 hours before the mediation appointment, that party will be assessed a fee to FCS.

Summary: Parties may request one rescheduled mediation date, but must notify FCS at least 48 hours before the appointment or be assessed a fee.

Not confirmed. Read the court's wording below.INFO?

Civil cases

On the call of the calendar, a matter may be continued for such period as the Court in its sole discretion will determine if a party personally appears on the hearing date and requests a continuance. The Court discourages repeated continuances of a matter.

Summary: A matter may be continued at the court's discretion if a party personally appears and requests it, but repeated continuances are discouraged.