Ex Parte Application to Continue Trial in California

An ex parte application to continue trial in California is an emergency request asking the judge to move the trial date without going through the normal noticed-motion process, and it is one of the harder forms of relief to win in civil litigation. You have to satisfy two separate standards at once: good cause for the continuance under California Rule of Court 3.1332, and the kind of immediate, irreparable harm under Rule 3.1202 that justifies skipping the standard 16-court-day motion timeline. The filing fee is $60, notice to every other party is due by 10:00 a.m. the court day before the hearing, and some courts will reject ex parte continuance requests outright and send you back to file a noticed motion instead.¹

The Two Showings You Have to Make

Every continuance request lives or dies on Rule of Court 3.1332. The court grants a continuance only after an “affirmative showing of good cause,” and each request is judged on its own facts.²

Good cause alone is not enough when you use the ex parte track. Rule 3.1202 requires an additional showing in your declaration, based on personal knowledge, that you will suffer irreparable harm or face immediate danger if the court waits for a regular hearing.³ In practice, that means the problem must have surfaced so recently that there is no time for a noticed motion, which generally needs at least 16 court days of advance notice. A witness who became seriously ill two days before trial qualifies. A scheduling conflict you have known about for weeks does not, and the judge will deny the application and tell you to file a regular motion.

What Counts as Good Cause

Rule 3.1332(c) identifies several circumstances the court may treat as good cause:²

An essential lay or expert witness is unavailable because of death, illness, or other excusable circumstances.
A party cannot attend for similar reasons.
Trial counsel cannot appear due to death, illness, or comparable circumstances.
You recently substituted counsel, and the switch was necessary in the interests of justice.
A significant and unanticipated change has made the case unready for trial through no fault of your own.

When illness is the reason, a declaration that someone is “sick” rarely carries the day. A physician’s statement describing the condition, explaining why it prevents the person from appearing, and estimating how long the unavailability will last gives the judge something to work with.

What the Judge Will Weigh

Clearing good cause and irreparable harm does not guarantee a grant. Rule 3.1332(d) directs the court to consider, among other things, how close trial is, whether there have been previous continuances, the length of the delay you want, whether some alternative would solve the problem, prejudice to other parties and witnesses, any statutory preference for an early trial (such as cases involving elderly or terminally ill plaintiffs), the court’s calendar, and whether the parties agree.²

A stipulated continuance is easier to get, but the court is not required to grant one just because both sides consent. Build your application around the factors you expect to be hardest for the judge, not just the ones that favor you.

Documents You Must File

Rule of Court 3.1201 lists what the filing has to contain. Leaving anything out is a common reason applications get rejected before anyone reaches the merits.⁴

The application itself, identifying the case and parties, stating that you are requesting a trial continuance, giving the current trial date, and proposing a new date if you have one.
A supporting declaration based on personal knowledge, laying out the facts that establish good cause and explaining why waiting for a noticed motion would cause irreparable harm.
A separate declaration regarding notice, detailing when and how you notified the opposing party, any response, and whether opposition is expected.
A memorandum of points and authorities with the legal argument and citations. Self-represented filers often skip this; it is required.
A proposed order for the judge to sign, spelling out exactly the relief you want.

If anyone has previously requested a continuance in the case, by ex parte or noticed motion, you must disclose each prior request and the court’s ruling. Omitting that history can draw sanctions and will damage your credibility with the judge.³

Notice to the Other Side

“Ex parte” does not mean the other party is cut out. You must give every other party notice no later than 10:00 a.m. the court day before the hearing.⁵

The notice must state the specific relief you are asking for, along with the exact date, time, and place you will present the application. You also have to ask opposing counsel whether they intend to oppose, so the judge knows what the hearing will look like. If you cannot reach them despite real effort, your notice declaration must document every attempt: phone numbers called, emails sent, and times tried.⁶

Filing Fee and the Hearing

File with the clerk’s office or the designated ex parte department by the court’s deadline, generally the day before the hearing. The statewide filing fee is $60, and a fee waiver covers it.¹

You or your attorney must appear at the scheduled time. Expect pointed questions about why you waited, what you did to avoid the problem, and whether a shorter continuance would solve it. If opposing counsel appears, they get a chance to argue against the request. The judge may grant the full continuance, deny it, or compromise with a shorter delay than you asked for.

Appearing Remotely

Through the end of 2026, California Code of Civil Procedure section 367.75 permits remote appearances at civil proceedings, including ex parte hearings, with proper notice to the court and all parties.⁷ To request one, file Judicial Council form RA-010 at least two court days before the hearing. Check your court’s website first, because some courts use their own online system in place of the form.⁸ Section 367.75 is set to expire on January 1, 2027, so the rules may change after that.

Two Traps After You Win the Continuance

A granted continuance does not reset everything, and two problems catch litigants off guard.

Discovery does not automatically reopen. Under Code of Civil Procedure section 2024.020, discovery and discovery-motion cutoffs are tied to the original trial date, not the new one. If those cutoffs have passed, moving trial does not revive your right to serve new requests or take depositions.⁹ Reopening requires a separate motion under section 2024.050, supported by a meet-and-confer declaration; the court weighs your diligence, interference with the new trial date, and prejudice to the opposing party, and can impose monetary sanctions against the losing side absent substantial justification.¹⁰ If you know you will need more discovery, ask for it in your ex parte application, or at least flag it so you can file promptly.

The second trap is the five-year rule. California requires civil cases to be brought to trial within five years of filing, and the court must dismiss if that deadline passes.¹¹ A continuance that pushes trial past that mark can end your case, and the court has no discretion to save you once the clock runs out. Calculate the remaining time before you file. If a continuance would come close to or cross the limit, that is both a reason the court may deny and a serious risk you have to weigh.

If the Application Is Denied

A denial is not the end of the road, but your options narrow quickly.

The usual alternative is a noticed motion for continuance under Rule 3.1332, which needs at least 16 court days of notice. If trial is too close for that, request an order shortening time to file and serve on a compressed schedule. Some courts actually prefer that route and will reject the ex parte in favor of it.

If the other side agrees, a written stipulation is another path, but Rule 3.1332(b) still requires court approval. File the stipulation formally and let the judge sign off; a handshake with opposing counsel is not enough.²

Sanctions for a Bad-Faith Request

Using the ex parte process to stall when there is no real emergency can be costly. Code of Civil Procedure section 128.7 treats every filing as an implicit certification that it is not presented to harass, cause unnecessary delay, or inflate litigation costs. If the court finds your request violated that standard, it can sanction you, your attorney, or both.¹²

Sanctions can include monetary penalties paid to the court, reimbursement of the opposing party’s attorney fees for responding, or nonmonetary directives. The statute caps sanctions at what is necessary to deter the conduct, but that still translates to real money. Beyond the formal penalty, a judge who suspects calendar gamesmanship will be far less receptive to anything else you file in the case.

1
Judicial Branch of California. Statewide Civil Fee Schedule Effective January 1, 2026
2
Judicial Branch of California. California Rules of Court 3.1332 – Motion or Application for Continuance of Trial
3
Judicial Branch of California. California Rules of Court 3.1202 – Contents of Application
4
Judicial Branch of California. California Rules of Court 3.1201 – Required Documents
5
Judicial Branch of California. California Rules of Court 3.1203 – Time of Notice to Other Parties
6
Judicial Branch of California. California Rules of Court 3.1204 – Contents of Notice and Declaration Regarding Notice
7
California Legislative Information. California Code of Civil Procedure 367.75
8
Judicial Council of California. Notice of Remote Appearance (RA-010)
9
California Legislative Information. California Code of Civil Procedure CCP 2024.020
10
California Legislative Information. California Code of Civil Procedure 2024.050
11
California Legislative Information. California Code of Civil Procedure 583.310
12
California Legislative Information. California Code of Civil Procedure CCP 128.7