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Motions: CONTINUANCE OF HEARING DATE: File a Request

9013-1(m)(1):  Motions: CONTINUANCE OF HEARING DATE: File a Request

The Court may order a hearing to be continued before the hearing takes place, for a variety of reasons:

  • after one party files a request to continue a hearing, or
  • when all parties file a stipulation to continue a hearing, or
  • when the court determines the hearing should be continued due to the court's schedule

When the Court decides to continue a hearing before the original hearing takes place, appearances are waived for the original hearing and it is possible that deadlines will be extended for filing documents in advance of the continued hearing date. 

NOTE:  A hearing date is NOT CONTINUED UNTIL THE COURT APPROVES the continuance and notifies the parties by entering an order and/or posting a tentative ruling.  Therefore, be sure to file your request to continue the hearing several days in advance so as to provide the court with adequate time to review your request and act on it.

LBR 9013-1(m)(1) identifies the procedure when one party files a request to continue a hearing and lodge a proposed order to approve the request.  The request MUST BE SUPPORTED by a declaration signed under penalty of perjury that clearly explains the reasons for requesting a continuance and why the the timeline for a continuance is appropriate under the circumstances.  The Court does not offer a form to request a continuance.

Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
9013-1(m)(1)
Reference to Local Rules and/or Forms: