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Changing Your Court Date

There are several ways you can ask the court to change your court date. How you ask for a change in a court date depends on the kind of case, whether everyone agrees, and what you want to happen.

IMPORTANT!  There are different forms and procedures for different kinds of cases. You can get forms online or at the forms window in the building where you would file the case. You may need to consult an attorney or rules of court to be sure you have chosen the right process and form to use.   You can get more information by visiting http://www.courtinfo.ca.gov/ Opens new window or (for divorce, domestic violence, guardianship, and landlord/tenant cases) www.cc-courthelp.org. Opens new window

If you want to:

... And

Then you can consider:

For more more information .....
Get a court order today It is an emergency, (such as domestic violence, taking a child, stopping the pending sale of a shared asset) Asking for an “Ex Parte” order. You can get help with court papers in the Martinez Family Law building, if there is domestic violence or a concern that someone might take a child.
Have the court date sooner than normally scheduled.

All parties agree

Preparing a stipulation asking for the earlier
court date.

 You should tell the court approximately how soon you will be ready (such as: 30 days early)
Have the court date sooner than normally scheduled.

All parties do
not agree

 Filing a request for an “Order
shortening time”		 You should tell the court why it is necessary to set the hearing early.
Have the court date later than originally set All parties agree Preparing a stipulation asking for the earlier court date. You should tell the court approximately how much time you will need.
(e.g: 30 days to take a deposition)
Have the court date later than originally set All parties agree, it is a civil case, and the parties want to try mediation, arbitration, or neutral case evaluation first. Filing the Stipulation to Continue First Case Management Conference to Attend ADR included in the
plaintiff’s packet.		 This form must be filed 15 days before the first case management conference.
Have the court date later than originally set Not all
parties agree		 Filing a motion to continue the hearing You must give a good reason for asking for the extra time.
Cancel the court date because the case settled All parties agree Filing a stipulation saying the parties have all agreed to settle the case. You may need to prepare a motion for dismissal of the case for the judge to sign.




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