Legal Question in Civil Litigation in California

i want to find out how i can up the trial date in my civil law case


Asked on 12/25/11, 6:39 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Consult your lawyer. Generally you can postpone a trial for good cause. Moving the date forward can be accomplished if you're dying, over 70, or the defendant committed a felony against you.

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Answered on 12/25/11, 6:51 pm
Anthony Roach Law Office of Anthony A. Roach

The trial court has the discretion to set trial dates. Most people want them continued, which is subject to special requirements in the California Rules of Court, and a showing of good cause. It is rare that someone wants it advanced, meaning moved to a date earlier than scheduled.

That is only done by a showing that the trial is entitled to a "preference." Mr. Stone mentions a few of them. Generally, the following cases are entitled to a preference.

1. Any case in which a preliminary injunction has been granted, and for which the case is at issue.

2. A case inw hich the only relief sought is declaratory relief.

3. Parties who are 70 years of age or older may be entitled to apreference, if their helath is such that a preference is necessary to prevent prejudice.

4. Cases in which at least one party is terminally ill.

5. Felony victims.

There are many other categories, which depend on the underlying case, such as unlawful detainer actions, eminent domain proceedings, election contests, etc.

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Answered on 12/26/11, 12:38 pm


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