Dispute logo

Products

Learn

Request and Order to Postpone Trial

Updated on Fri Sep 23 2022 |
PDF

How to reschedule your small claims court date in California?

If you want to reschedule your court date, you must ask the court for a postponement. Sometimes this is also referred to as "continuance".

How do I file a postponement when it is at least 10 days before my hearing date?

  1. Complete the forms (see left).

    • Request to Postpone Trial (Form SC-150)
    • Order to Postpone Trial (Form SC-152)
    • Proof of Service by Mail (Form SC-112A) - if you choose to mail
    • Proof of Service
  2. Notify the Defendant.

    You will need to mail or personally give the defendant a copy of the completed Form SC-150.

    If you choose to mail, have your server:

    • fill out Proof of Service by Mail (Form SC-112A)
    • mail a copy of the completed SC-150 and a copy of the filled out but not signed SC-112A to the defendant
    • complete and sign the Proof of Service by Mail (Form SC-112A)
  3. File your forms to the courthouse.

    Once you have notified the defendant, you can file your paperwork with the courthouse.

    You will need to file this forms packet to the court:

    • Completed SC-150
    • Partially completed SC-152
    • Completed SC-112A
    • $10 processing fee

    You may be able to e-file or fax file your forms. Check your courthouse’s accepted filing method

  4. Wait for the courthouse’s response

    If your request to postpone was accepted by the court, they will return to you the court-accepted SC-152 with a new court date. The court will send this notice to all parties involved in the suit. If you did not hear from the court, you should go to court on the scheduled trial date.

How do I file a postponement when it is within 10 days of my scheduled hearing date?

  1. Complete the forms (see left).

    • Request to Postpone Trial (Form SC-150)
    • Order to Postpone Trial (Form SC-152)
  2. Notify the Defendant.

    You will need someone who is not a party to the case to mail or personally give the defendant a copy of the Form SC-150.

    If you choose to mail, have your server:

    • fill out Proof of Service by Mail (Form SC-112A)
    • mail a copy of the completed SC-150 and a copy of the filled out but not signed SC-112A to the defendant
    • complete and sign the Proof of Service by Mail (Form SC-112A)
  3. Walk your forms to the courthouse.

    Personally take the following forms to the court:

    • Completed SC-150
    • Partially completed SC-152
    • Completed SC-112A
    • $10 processing fee

    When you arrive at the courthouse, ask the clerk to file the postponement. Sometimes the clerk may instruct you to simply go to your trial and ask the judge for a postponement or continuance directly. Be prepared to present a good reason for why you are requesting a postponement so late.

  4. Wait for the courthouse’s response

    If your request to postpone was accepted by the court, they will return to you the court-accepted SC-152 with a new court date. The court will send this notice to all parties involved in the suit. If you did not hear from the court, you should go to court on the scheduled trial date.

Related Forms

See All Forms →