Small Claims Appeal-Request For Continuance Packet

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SAN FRANCISCO SUPERIOR COURT Appeals Division SMALL CLAIMS APPEAL CONTINUANCE INFORMATION Option #1 - WRITTEN STIPULATION FOR CONTINUANCE: No Cost You may request a continuance by preparing a stipulation of all parties for a continuance of the Small Claims Appeal Hearing. Small Claims Appeal Hearings are only heard on Wednesday & Thursday at 9am, dept. 525. File the Stipulation with the Appeals Clerk in Room 103, Window 28. Bring a copy for the clerk to stamp for your records. If the other party(s) does not agree to a stipulation for a continuance, see option #2. Option #2 � EX-PARTE MOTION FOR CONTINUANCE: COST: $60.00 Ex Parte motions for continuance are heard in Department 206 at 11:00am by the Presiding Judge, Tuesdays through Fridays, unless Monday is a holiday then the Ex Parte Motions are heard Wednesdays through Fridays. A date for the Ex Parte motion does not have to be secured in advance. Please see the following steps for the Ex Parte Application: 1. Plan to have your ex parte hearing heard no later than 5 court days before the Small Claims Appeals Hearing. You must notify the opposing side 2 days in advance by phone or fax. You are required to give notice to the other parties the date, time, and location which you will be appearing for the Ex Parte Motion. If notifying by mail, must give 7days notice in advance. (Proof of service required) Prepare an Ex Parte application to continue the Small Claims appeal hearing. Prepare a declaration describing the service of the motion on the other party(s) in the case. Include the date, time and manner in which you notified the other parties, for example, by phone or by fax. Provide details of service to include exact phone or fax number. If it's by mail, please file a proof of service with the application and declaration. File your application and declaration at the San Francisco Superior Court Appeals Division, 400 McAllister Street, Room 103, Window 28 (The Appeals Window), San Francisco, CA. Pay the required filing fee of $60.00. The application and declaration may be filed on the same day as the hearing; however, it must be filed before your motion is heard. On the date of your Ex Parte hearing proceed to Dept.206 with your endorsed-filed motion papers. An appearance at this Ex Parte hearing is required. 2. 3. 4. 5. 6. 7. The Appeals Division 400 McAllister Street, Room 103 Window 28 San Francisco, CA 94102 415-551-3675 American LegalNet, Inc. www.FormsWorkFlow.com SAN FRANCISCO SUPERIOR COURT Appeals Division More Information Per 2015 Unified Fee Schedule Ex Parte Hearing Cost: $60.00 Appeal Hearings are held on Wednesday and Thursdays only at 9:00am in Dept. 525. Prepare to continue your Small Claims Appeal Hearing as early as possible. Do not wait until the day before to reschedule. Reference Rules: California Rules of Court 3.1200-3.1207 ( Ex Parte Applications), San Francisco Local Rule 9C (Location and Time for Ex Parte Hearings), Civil Code of Procedure 1005 (Code Section for Noticed Motions) Refer to California Rules of Court 3.1200-3.1207 American LegalNet, Inc. www.FormsWorkFlow.com NAME: ADDRESS: CITY/STATE/ZIP: TELEPHONE: SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO ) ) ) Appellant(s) ) ) vs. ) ) , ) ) ) Respondent(s) ) _________________________________ ) , Superior Court Case Number: CSM- SMALL CLAIMS APPEAL EX-PARTE MOTION/APPLICATION FOR CONTINUANCE AND DECLARATION Date: Time: 11:00am Dept: 206 at 9:00am in Dept.525 be continued to I, , am requesting that the hearing scheduled for another date. I need the trial date continued because: On by on at mail* , I notified the other party(s), telephone and/or , fax that I am requesting a continuance of my/our trial date , at 11:00am in Dept. 206. I have also informed the other party(s) that I at 9:00am in Dept. 525. am requesting my/our court hearing be continued to (Wednesday or Thursday Only) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge and belief. Date: ______________________________ Signature Printed Name: *If by mail, file a proof of service. See instructions. American LegalNet, Inc. www.FormsWorkFlow.com NAME: ADDRESS: CITY/STATE/ZIP: TELEPHONE: SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO , Appellant(s), vs. , Respondent(s), ) ) ) ) ) ) ) ) ) Superior Court Case Number CSM- ) ) STIPULATION RE: CONTINUANCE OF SMALL CLAIMS APPEAL It is hereby stipulated that the hearing date of the appeal in the above entitled matter be continued from to * at 9:AM in Dept. 525. Dated: ____________________________ Appellant Signature** Printed Name: Dated: ____________________________ Appellant Signature Printed Name: Dated: _____________________________ Respondent Signature Printed Name: _____________________________ Respondent Signature Printed Name: Dated: *The future stipulated date must be a Wednesday or a Thursday. Court Holidays excluded. **Please Note: A stipulation requires the signature of all parties in this case/Small Claims Appeal. Additional signature lines provided, if needed. American LegalNet, Inc. www.FormsWorkFlow.com