You are here

Motions: CONTINUANCE OF HEARING DATE: File a Stipulation

9013-1(m)(2):  Motions: CONTINUANCE OF HEARING DATE: File a Stipulation

The Court may order a hearing to be continued before the hearing takes place, for a variety of reasons:

  • after one party files a request to continue a hearing, or
  • when all parties file a stipulation to continue a hearing, or
  • when the Court determines the hearing should be continued due to the Court's schedule

When the Court decides to continue a hearing before the original hearing takes place, appearances are waived for the original hearing and it is possible that deadlines will be extended for filing documents in advance of the continued hearing date. 

NOTE:  A hearing date is NOT CONTINUED UNTIL THE COURT APPROVES the continuance and notifies the parties by entering an order and/or posting a tentative ruling.  Therefore, be sure to file your request to continue the hearing several days in advance so as to provide the Court with adequate time to review your request and act on it.

LBR 9013-1(m)(2) identifies the procedure when all parties file a stipulation to continue a hearing and lodge a proposed order to approve the stipulation.

  • The stipulation MUST BE SUPPORTED by facts in the stipulation that clearly explains the reasons for requesting a continuance of the hearing and/or extension of filing deadlines, and why the the timeline for a continuance/extension is appropriate under the circumstances.
  • The stipulation MUST BE SIGNED USING HOLOGRAPHIC SIGNATURES for every attorney or party except the attorney whose CM/ECF login/password is used to file the stipulation and lodge the proposed order.  See LBR 9011-1 for signature requirements.

The Court does not offer a form to request a continuance or stipulate to a continuance.

Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
9013-1(m)(2)
Reference to Local Rules and/or Forms: