Can you legally mail a continuance in family court california

In California, the rules regarding the mailing of continuances in family court are governed by the California Rules of Court and the California Code of Civil Procedure.

In general, a continuance is a request to delay a court hearing or trial. In family court, continuances are often requested due to various reasons such as the need for additional time to gather evidence, resolve outstanding issues, or due to unforeseen circumstances.

According to California Rule of Court 3.110, a continuance can be granted by the court for good cause shown. However, the court's discretion to grant a continuance is not unlimited, and the requesting party must demonstrate that the continuance is necessary and that the delay will not prejudice the opposing party.

Regarding the mailing of continuances in family court, California Code of Civil Procedure section 1013 provides that a continuance may be granted by the court upon written request, which may be served by mail or in person. However, the court's rules and procedures may vary depending on the specific court and the type of case.

In family court, it is generally recommended to file a written request for a continuance with the court and serve a copy on the opposing party, rather than relying solely on mailing the request. This is because the court's rules require that all pleadings and papers be filed with the court and served on the opposing party in a timely manner.

If you are seeking to mail a continuance in family court, you should ensure that you comply with the following requirements:

1. File a written request for a continuance with the court: You should file a written request for a continuance with the court, which should include the reasons for the request and any supporting documentation.
2. Serve a copy on the opposing party: You should serve a copy of the written request for a continuance on the opposing party, either by mail or in person.
3. Comply with the court's rules and procedures: You should ensure that you comply with the court's rules and procedures regarding the filing and service of pleadings and papers.
4. Obtain a court order: If the court grants your request for a continuance, you should obtain a court order confirming the continuance.

It is important to note that the court's rules and procedures regarding continuances may vary depending on the specific court and the type of case. Therefore, it is recommended that you consult with an attorney or the court's rules and procedures before seeking a continuance.