The hearing moved three weeks. The calendar now shows the new date. Is the opposition due three weeks later too?
Start with the order. A continuance may change the hearing while preserving the briefing schedule. A trial continuance may leave discovery closed. A date tied to service of a document may have no connection to the hearing at all.
Treat a hearing change as a prompt to review the schedule, with each affected date traced back to its own authority.
Read beyond the new hearing date
Retrieve the minute order, written order, or other record of the court's direction. Look for language about briefing, supplemental papers, discovery, and deadlines that remain in effect.
For example, a hypothetical order might continue the hearing to December 14 while directing opposition and reply to be filed under the original schedule. Another might authorize a supplemental declaration on a specific date. Neither can be implemented accurately by adding the same number of days to every calendar entry.
If the docket shows a new hearing date but the order is unavailable, mark the related deadline review as unresolved and escalate it to the responsible attorney. A missing document should remain visible as an open task.
Ordinary motion briefing starts with section 1005
For motions governed by Code of Civil Procedure section 1005(b), opposition and reply generally run backward from the hearing by nine and five court days, respectively, unless another law or court order governs.
After a continuance, compare that framework with the actual order and the procedural history. Confirm whether the court has preserved the original dates, set new dates, or allowed additional briefing. Do not treat a later hearing as automatic permission to cure a missed deadline or submit another round of papers.
If the schedule does reset, recompute the dates from the new hearing. Moving an old deadline by the same number of calendar days can produce the wrong answer when a holiday falls between the two schedules.
Summary judgment has its own timetable
Section 437c uses different periods. Its baseline notice period is 81 days, with applicable service adjustments. Opposition is generally due at least 20 days before the noticed or continued hearing, and reply at least 11 days before, unless the court orders otherwise for good cause. These are calendar-day intervals, subject to applicable time-computation rules.
The statute expressly addresses the noticed or continued hearing for opposition and reply. Even so, read the continuance order for the actual briefing directions and any limits on supplemental submissions. Keep notice, briefing, and the relationship between the hearing and trial as separate checks. Do not substitute section 1005's nine- and five-court-day intervals.
For electronic service, also check the statutory version governing the calculation: AB 540 changes the relevant service provisions for 2027.
A continued trial does not automatically reopen discovery
This is one of the clearest reasons to avoid moving an entire deadline group at once.
Under section 2024.020, the general discovery completion and discovery-motion hearing cutoffs are measured from the date initially set for trial. The statute states that a trial continuance does not reopen discovery except as provided in section 2024.050.
A later trial date therefore is not, by itself, authority to continue taking discovery. Review any order reopening or extending discovery and the scope of that relief. Expert discovery and disclosure have their own provisions; motions in limine and other trial submissions also need their own rule-and-order review.
Sort the dates before changing them
| What sets the deadline? | Example | What to review after a continuance |
|---|---|---|
| Hearing date | Ordinary opposition and reply | Governing statute, new hearing, and any preserved or replacement briefing schedule |
| Service of a document | A response period triggered by service | Original service event and any separate extension or order |
| Initially set trial date | General discovery cutoffs | Original trial setting and any order extending or reopening discovery |
| A date stated in an order | Supplemental briefing due on a named day | Whether a later order actually changes that date |
| An internal work plan | Draft to attorney five days before filing | Revised legal due date and realistic review time |
The first four rows concern the source of a legal obligation. The last concerns the firm's own preparation. Both need attention, but they should remain distinguishable in the calendar.
Agreement between counsel and a court continuance are separate steps
An email agreeing to request a continuance is not confirmation that the court has granted it. For trial continuances, Rule 3.1332 addresses the request even when the parties stipulate. Motion continuances also require compliance with the applicable court and department procedures.
Track the request, the court's decision, and the resulting schedule separately. Until the change is established, the original dates deserve active attention.
Close the loop with the team
Once the attorney has resolved the schedule, update the hearing and affected deadlines, preserve the prior dates in the history, and tell the people responsible for the work what changed. Include any dates that were reviewed and deliberately left in place.
A useful update can be brief: “Hearing continued to December 14. Opposition and reply remain on the original schedule under today's order. No additional briefing authorized.” That tells the team much more than a moved calendar invitation.
AlwaysPresent helps surface hearing changes so the team can begin that review. The planned deadline tools are intended to support the calculation; the court's order and the applicable rule still determine what moves. See how AlwaysPresent fits your workflow.
This article provides general procedural information, not a determination of the schedule in a particular case.