Can a motion for a continuance be made in the absence of the opposing party?

California, United States of America


The following excerpt is from Young v. Redman, 128 Cal.Rptr. 86, 55 Cal.App.3d 827 (Cal. App. 1976):

There is, however, no such showing in the case at bench, and the mere absence of a party standing alone is insufficient to compel a court to grant a continuance. Even the alleged illness and inability of the defendants to attend the trial has been held insufficient grounds for reversal where the trial court denied a request for a continuance in the absence of supporting affidavits. (Nahas v. Nahhas, 135 Cal.App.2d 440, 287 P.2d 381.) Code of Civil Procedure section 594 provides that a trial may be held in the absence of the adverse party 'unless the court, for good cause, otherwise directs.'

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