Ask before the hearing date passes, and keep preparing to appear unless the court changes it. In a California criminal case, a continuance is the court’s decision, and the moving party must show good cause. A scheduling preference or agreement between the parties is not enough by itself. (Penal Code § 1050(e)–(f))
Start by identifying the case number, hearing type, current date, reason for the request, and the amount of additional time sought. Gather supporting records and identify any witnesses or other people affected. Contact your lawyer promptly; if you do not have counsel, ask the assigned court clerk about the local procedure. There is no single form or process that fits every hearing and county.
Notice rules may apply before the hearing
Penal Code § 1050(b) generally requires written notice filed with the court and served on all parties at least two court days before the hearing, together with an affidavit or declaration describing specific facts that show why a continuance is necessary. A party is not treated as served until the documents are actually received, unless that party waives timely service after receiving actual notice of the request. The statute also requires counsel to notify the calendar clerk of each court involved, in writing within two court days after learning of a hearing conflict, and identify which hearing was set first. (Penal Code § 1050(b))
If the request does not meet those notice requirements, the court must consider whether there was good cause for the failure to give notice. Without that showing, the court cannot grant the continuance. That is a separate issue from whether the reason for moving the hearing itself establishes good cause. The statute also requires the court to state its good-cause findings and the facts supporting the continuance on the record. (Penal Code § 1050(c)–(f))
There is a limited rule for some preliminary examinations: § 1050(k) says the section does not apply when the preliminary examination is set less than 10 court days after arraignment on the complaint and a party seeks a new date that is no more than 10 court days after that arraignment. This narrow provision does not create a general deadline or form for other criminal hearings. (Penal Code § 1050(k))
What to include in the request
Be specific about what changed and why the current date cannot reasonably be kept. Depending on the reason, supporting material might include a medical note, a scheduling record, or another document that verifies the relevant facts. Explain when you learned of the issue and propose a realistic date. The court can consider witness availability and the time actually needed; an illness or work conflict does not guarantee a continuance.
Filing a request does not change the hearing date. Continue to plan to attend unless the court issues an order or you receive reliable confirmation from the court or counsel that the date has changed. Trial scheduling can affect speedy-trial rights, so get legal advice before taking any step that could affect those rights.
For general help with a criminal case, see the Law Offices of David S. Chesley’s California criminal defense overview. Call (800) 755-5174 to discuss a pending hearing.