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HomeFamily CodeDiv. 12Pt. 4Ch. 3Art. 5§ 7871 Continuance Request Requirements

§ 7871 Continuance Request Requirements

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 7871 Continuance Request Requirements

Key Takeaways

  • •You can't just ask for more time in court because you and the other person agree—you need a really good reason.
  • •If you want to ask for more time, you usually have to do it in writing at least two days before the court date, unless the judge says it's okay to ask in person.
  • •If the judge gives you more time, they will only give you as much as you actually need, and they’ll write down why you needed it.

Example

You have a court date on Friday, but you get really sick on Wednesday and can’t go.

You can’t just call the other person and say, ‘Let’s move the date.’ You have to tell the court in writing by Thursday (two days before) and explain with a doctor’s note why you can’t go. If the judge agrees, they’ll pick a new date close to the original one and write down that you were too sick to come.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 7871 Continuance Request Requirements

(a) A continuance may be granted only upon a showing of good cause. Neither a stipulation between counsel nor the convenience of the parties is in and of itself a good cause. (b) Unless the court for good cause entertains an oral motion for continuance, written notice of a motion for a continuance of the hearing shall be filed within two court days of the date set for the hearing, together with affidavits or declarations detailing specific facts showing that a continuance is necessary. (c) A continuance shall be granted only for that period of time shown to be necessary by the evidence considered at the hearing on the motion. Whenever a continuance is granted, the facts proven which require the continuance shall be entered upon the minutes of the court. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Last verified: January 21, 2026

Key Terms

continuancegood causewritten noticeaffidavits or declarationscourt minutes

Related Statutes

  • § 7668 Hearing Continuance Requirements
  • § 20032 Support Hearing Deadlines
  • § 4640 Child Support Asset Release
  • § 4641 Real Property Deposit Release
  • § 7870 Child Custody Termination Hearings

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 7871.
View Official Source