What is the test for determining whether a denial of a continuance was "arbitrary or unreasonable"?

MultiRegion, United States of America

The following excerpt is from Scudder v. Allstate Ins. Co., 845 F.2d 1029 (9th Cir. 1988):

In ascertaining whether a denial of a continuance was "arbitrary or unreasonable," the appellate court weighs four factors: (1) Appellants' diligence, (2) the usefulness of the continuance, (3) inconvenience to the court and opposing party, and (4) resulting prejudice to the Appellants. 2.61 Acres of Land, 791 F.2d at 671. 2 This inquiry is made on a case-by-case basis. Ungar v. Sarafite, 376 U.S. 575, 589, 84 S.Ct. 841, 849-50, 11 L.Ed.2d 921, 931 (1964). Although none of the four factors is dispositive, the district court ruling will not be overturned "[a]bsent a showing of prejudice suffered by the appellant." 2.61 Acres of Land, 791 F.2d at 671.

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