What is the test for abuse of a motion for continuance?

California, United States of America


The following excerpt is from People v. Martinez, E066534 (Cal. App. 2018):

standard, discretion is abused only when the court exceeds the bounds of reason, all circumstances being considered. [Citations.] Moreover, the denial of a continuance may be so arbitrary as to deny due process. [Citation.] However, not every denial of a request for more time can be said to violate due process, even if the party seeking the continuance thereby fails to offer evidence. [Citation.]' [Citation.] '[T]he trial court may not exercise its discretion "so as to deprive the defendant or his attorney of a reasonable opportunity to prepare." [Citation.]' [Citation.]" (People v. Fuiava (2012) 53 Cal.4th 622, 650.)

"The court considers '"not only the benefit which the moving party anticipates but also the likelihood that such benefit will result, the burden on other witnesses, jurors and the court and, above all, whether substantial justice will be accomplished or defeated by a granting of the motion."' [Citation.] The trial court's denial of a motion for continuance is reviewed for abuse of discretion. [Citation.]" (People v. Jenkins (2000) 22 Cal.4th 900, 1037.)

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