Rule 4.113
Motions and grounds for continuance of criminal case set for trial
Pretrial Proceedings
Rule Text
Motions to continue the trial of a criminal case are disfavored and will be denied unless the moving party, under Penal Code section 1050, presents affirmative proof in open court that the ends of justice require a continuance.
Plain-English Summary (for reference only — not a substitute for the rule text above)
Getting a trial date pushed back in a criminal case is not easy. The court starts with the assumption that the trial should happen on the scheduled date.
If you want to delay the trial, you cannot just ask for more time. You must show up in court and provide real proof that delaying the trial is necessary for a fair outcome. Simply saying you need more time is not enough.
Summary generated March 14, 2026
Committee Notes
No committee notes available for this rule.
Rule 4.113 amended effective January 1, 2007; adopted as rule 227.7 effective January 1, 1985 previously renumbered effective January 1, 2001.
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