What is the standard of review for a request for a continuance?

California, United States of America


The following excerpt is from Rostam v. Rostam (In re Marriage of Sharlet), F076765 (Cal. App. 2020):

When the ruling on a request for continuance is reviewable in an appeal from the judgment, the standard of review is abuse of discretion. (Futrell v. Payday California, Inc. (2010) 190 Cal.App.4th 1419, 1438.) Even if the continuance orders may be reviewed in this appeal, we have not found any argument in Father's briefs that demonstrates the trial court abused its discretion by continuing the hearing. The August 8, 2017 order indicates both parties and Father's attorney were unavailable or absent from the hearing. The September 27, 2017 order indicates Mother and Father were present, but Father's attorney was not. A continuance was ordered so Father's attorney could be present. Father has not presented any argument, supported by legal authority and facts in the record, showing that the trial court abused its discretion by continuing the hearing so the parties and Father's attorney could be present; he also has not demonstrated that he was prejudiced in any way by the continuances.

Consequently, Father has not established any prejudicial error in the first two orders from which he appealed.

Other Questions


In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
When a bench officer issued an order for a fee under review was not the same bench officer as the judge who presided over the trial, can the court exercise a less deferential standard of review? (California, United States of America)
On appeal, what is the standard of review in the context of a motion for summary review of the facts of the case? (California, United States of America)
What is the standard of review for a request for a jury view? (California, United States of America)
What is the standard of review for a motion for continuance? (California, United States of America)
What is the standard of review for a request for a jury view? (California, United States of America)
What is the standard of review for a request for a jury view? (California, United States of America)
What is the applicable standard of review for an application of the independent review test? (California, United States of America)
What is the standard of review for reviewing state law errors at the guilt phase of a trial? (California, United States of America)
Is a motion for continuance subject to review under the abuse of the discretion standard? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.