What is the burden of establishing an abuse of power when a party challenges a court's decision regarding a continuance request?

California, United States of America


The following excerpt is from People v. Madrigal, 2d Crim. No. B254702 (Cal. App. 2015):

The party challenging a ruling regarding a continuance request bears the burden of establishing an abuse of discretion. (People v. Hajek and Vo, supra, 58 Cal.4th at p. 1181.) An abuse of discretion is established only if the court's decision is arbitrary or unreasonable. (Id. at pp. 1180-1181.)

Other Questions


How will the courts review a trial court's decision to exclude evidence for abuse of abuse of power? (California, United States of America)
What is the test for abuse of abuse of power in the context of a motion to overturn a finding that the trial court abused power on the Pitchess motion? (California, United States of America)
Does a defendant have to re-weigh the evidence to determine whether the trial court abused its power to grant an order for an abuse of power? (California, United States of America)
Does the trial court abuse its discretion by denying a motion for continuance by denying the requested continuance? (California, United States of America)
What is the burden of establishing that a party defending against a motion of no confidence has the burden to establish that the motion is a protected activity? (California, United States of America)
Does the Attorney General's assertion that appellate courts review probation conditions for abuse of abuse of power, if the issue was raised in the trial court? (California, United States of America)
When a party opposing an attorney fees motion fails to request a statement of decision with specific findings, does the party have to affirmatively show error on the part of the trial court? (California, United States of America)
What is the burden of establishing that the trial court abused its power to grant probation? (California, United States of America)
What is the burden of establishing that the trial court abused its power to grant probation and sentencing? (California, United States of America)
What is the burden of establishing that the trial court abused its power to grant probation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.