California, United States of America
The following excerpt is from A.R. v. L.N., B267860 (Cal. App. 2016):
There is no basis for finding the trial court erred in denying mother's belated request for a continuance so that she could testify. "Trial courts generally have broad discretion in deciding whether to grant a request for a continuance." (Freeman v. Sullivant (2011) 192 Cal.App.4th 523, 527.) Moreover, continuances may only be granted upon a showing of good cause. (Cal. Rules of Court, rule 3.1332.) Mother provided no explanation for her failure to attend the hearing, other than counsel's statement that mother suffered from a knee injury. Mother had been in California just days before the hearing, but chose not to stay to personally appear at the hearing. Moreover, mother was permitted to extensively cross-examine father, and to present a
Page 11
declaration with hundreds of pages of exhibits in support of her position. (See Cohen v. Herbert (1960)186 Cal.App.2d 488, 494 [an error in failing to grant a request for a continuance is reversible only if it is tantamount to the denial of a fair hearing].)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.