What is the test for a showing of good cause in a motion for a continuance?

California, United States of America


The following excerpt is from People v. Derrick, A132036 (Cal. App. 2013):

"A showing of good cause requires a demonstration that counsel and the defendant have prepared for trial with due diligence. [Citations.] When a continuance is sought to secure the attendance of a witness, the defendant must establish 'he had exercised due diligence to secure the witness's attendance, that the witness's expected testimony was material and not cumulative, that the testimony could be obtained within a reasonable time, and that the facts to which the witness would testify could not otherwise be proven.' " (People v. Jenkins (2000) 22 Cal.4th 900, 1037 (Jenkins).)

Other Questions


Can an attorney who has been cited to show cause be disciplined on additional charges that are not included in the notice of show cause? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the test for showing good cause for a defendant to show good cause? (California, United States of America)
Can a motion to strike plaintiff's "complaint" and all causes of action contained therein be considered an anti-SLAPP motion? (California, United States of America)
When will a defendant on an anti-SLAPP motion make a threshold showing that a challenged cause of action is one arising from protected activity? (California, United States of America)
What is the test for a motion to grant a continuance against a defendant who failed to obtain a certificate of probable cause? (California, United States of America)
What is the test for a cause of action for malicious prosecution based on an order to show cause in a family law proceeding? (California, United States of America)
Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)
What is the test for a motion for cause of cause? (California, United States of America)
Is there good cause for failure to comply with a motion for a continuance? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.