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2014 California Rules of Court

Rule 5.776. Grounds for continuance of jurisdiction hearing

(a) Request for continuance; consent (§ 682)

A continuance may be granted only on a showing of good cause and only for the time shown to be necessary. Stipulation between counsel or parties and convenience of parties are not in and of themselves good cause.

(1)In order to obtain a continuance, written notice with supporting documents must be filed and served on all parties at least two court days before the date set for the hearing, unless the court finds good cause for failure to comply with these requirements. Absent a waiver of time, a child may not be detained beyond the statutory time limits.

(2)The court must state in its order the facts requiring any continuance that is granted.

(3)If the child is represented by counsel and no objection is made to an order setting or continuing the jurisdiction hearing beyond the time limits of rule 5.774, consent must be implied.

(Subd (a) amended effective January 1, 2007.)

(b) Grounds for continuance-mandatory (§ 700)

The court must continue the jurisdiction hearing for:

(1)A reasonable period to permit the child and the parent, guardian, or adult relative to prepare for the hearing; and

(2)No more than seven calendar days:

(A)For appointment of counsel;

(B)To enable counsel to become acquainted with the case; or

(C)To determine whether the parent, guardian, or adult relative can afford counsel.

(Subd (b) amended effective January 1, 2007.)

(c) Grounds for continuance-discretionary (§§ 700.5, 701)

The court may continue the jurisdiction hearing for no more than seven calendar days to enable the petitioner to subpoena witnesses if the child has made an extrajudicial admission and denies it, or has previously indicated to the court or petitioner an intention to admit the allegations of the petition, and at the time set for jurisdiction hearing denies the allegations.

(d) Grounds for continuance-section 654.2 (§§ 654.2, 654.3, 654.4)

In a case petitioned under section 602, the court may, with the consent of the child and the parent or guardian, continue the jurisdiction hearing for six months. If the court grants the continuance, the court must order the child and the parent or guardian to participate in a program of supervision under section 654, and must order the parent or guardian to participate with the child in a program of counseling or education under section 654.

(Subd (d) amended effective January 1, 2007.)

Rule 5.776 amended and renumbered effective January 1, 2007; adopted as rule 1486 effective January 1, 1991.

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