What is the standard of review for a motion for a continuance?

California, United States of America


The following excerpt is from People v. Brombacker, C079035 (Cal. App. 2016):

"The party challenging a ruling on a continuance bears the burden of establishing an abuse of discretion, and an order denying a continuance is seldom successfully attacked. [Citation.] [] Under this state law standard, discretion is abused only when the court exceeds the bounds of reason, all circumstances being considered." (People v. Beames, supra, 40 Cal.4th at p. 920.) "A reviewing court considers the circumstances of each case and the reasons presented for the request to determine whether a trial court's denial of a continuance was so arbitrary as to deny due process." (People v. Doolin (2009) 45 Cal.4th 390, 450.) Not every denial of a request for more time violates due process, "even if the party seeking the continuance thereby fails to offer evidence." (People v. Beames, supra, at p. 921; accord Ungar v. Sarafite (1964) 376 U.S. 575, 589.)

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