What is the burden of challenging a denial of a continuance?

California, United States of America


The following excerpt is from People v. Jarvis, C073706 (Cal. App. 2015):

The party challenging the denial of a continuance bears the burden of establishing that the court abused its discretion. An order denying a continuance is seldom successfully attacked. A trial court abuses its discretion only when the court exceeds the bounds of reason, all circumstances being considered. (People v. Beames (2007) 40 Cal.4th 907, 920.)

A continuance may be granted only upon a showing of good cause, and the trial court possesses broad discretion to determine whether good cause exists. A showing of good cause requires a demonstration that counsel and the defendant have prepared for trial with due diligence. ( 1050, subd. (e); People v. Alexander (2010) 49 Cal.4th 846,

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