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§ 1024.Expenses Occasioned By Postponement of Trial

Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Last amended 1986 · Last verified July 28, 2026

In one sentenceSection 1024 lets a court or referee, as a condition of granting a requested postponement of trial, require the party seeking the delay to pay the expenses that the postponement causes.

Full Text of § 1024

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When an application is made to the court or referee to postpone a trial, the payment of the expenses occasioned by the postponement may be imposed, in the discretion of the court or referee, as a condition of granting the same.

Plain-English Summary

Trial postponements cost the other side money -- witnesses rebooked, experts rescheduled, preparation that has to be redone. Section 1024 gives the court or referee a tool to offset that cost: when a party applies to postpone a trial, the court can condition granting the postponement on that party paying the expenses the delay creates.

The decision is entirely discretionary. Nothing requires the court to impose these expenses every time it grants a continuance, and nothing caps what counts as an expense occasioned by the postponement -- the statute leaves both the decision and the amount to the court's judgment on the facts of the case.

Frequently Asked Questions

Can a court make a party pay for the costs its own requested delay causes?

Yes. Section 1024 lets the court impose payment of the expenses caused by a postponement as a condition of granting it.

Is this cost-shifting mandatory whenever a trial is postponed?

No, it's discretionary -- the court or referee decides whether to impose the condition based on the circumstances of the request.

Amendment History

Amended by Stats. 1986, Ch. 377, Sec. 3.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: ccp 1024 trial postponement costscontinuance expenses california court