§ 595.Postponement If Member of Legislature Participant In Action Or Proceeding and Legislature In Session

Title 8. Of the Trial and Judgment In Civil Actions · Chapter 3. Issues—The Mode of Trial and Postponements · Last amended 1968 · Last verified July 28, 2026

In one sentenceSection 595 mandates postponing a trial, hearing, or administrative proceeding to a set future date when a party, attorney of record, or principal witness is a sitting state legislator and the Legislature is in session, in a recess of forty days or less, or attending a qualifying interim committee meeting, subject to narrow exceptions for provisional relief.

Full Text of § 595

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The trial of any civil action, or proceeding in a court, or of any administrative proceeding before a state board or commission or officer, irrespective of the date of the filing thereof or when it became at issue, or the hearing of any motion, demurrer, or other proceeding, shall be postponed to a date certain when it appears to the court, board, commission, or officer before which such action or proceeding is pending that either a party thereto, or any attorney of record therein (whether he became an attorney of record before or after the commencement of a legislative session or before or after his appointment to a legislative committee), or a principal witness, is a Member of the Legislature of this state and that the Legislature is in session or in recess (not exceeding a recess of forty (40) days) or that a legislative interim committee of which he is a duly appointed member is meeting, or is to meet within a period which the court finds does not exceed the time reasonably necessary to enable the member to reach the committee meeting by the ordinary mode of travel. When the Legislature is in session or in recess such action or proceeding shall not, without the consent of the attorney of record therein, be brought on for trial or hearing before the expiration of thirty (30) days next following final adjournment of the Legislature or the commencement of a recess of more than forty (40) days. If a date is available during recess, continuance shall be given if possible to such earlier date. When a legislative committee is meeting or is to meet within a period which the court finds does not exceed the time reasonably necessary to enable the member to reach the committee meeting by the ordinary mode of travel, such action or proceeding shall not, without the consent of the attorney of record therein, be brought on for trial or hearing before the expiration of such period necessary following the adjournment or recess of the committee meeting as the court finds is reasonably necessary to enable the member to reach the place of trial or hearing by the ordinary mode of travel from the place of the committee meeting, unless at the expiration of that period the Legislature is to be in session; and in that case the action or proceeding shall not, without such consent, be brought on for trial or hearing before the expiration of thirty (30) days next following final adjournment or the commencement of a recess of more than forty (40) days. If a date is available during the recess, continuance shall be given to such earlier date. However, any postponement granted under the provisions of this paragraph shall suspend for the same period of time as the postponement, the running of any period of time for any ruling or proceeding by a court, board, commission, or officer, or for the performance by any party of any act affected by said postponement. Granting of a continuance pursuant to this section is mandatory unless the court determines that such continuance would defeat or abridge a right to relief pendente lite in a paternity action or a right to invoke a provisional remedy such as pendente lite support in a domestic relations controversy, attachment and sale of perishable goods, receivership of a failing business, and temporary restraining order or preliminary injunction, and that the continuance should not be granted.

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Plain-English Summary

This section protects the legislative calendar from courtroom scheduling. Whenever a party, an attorney of record, or a principal witness in a pending civil action, administrative proceeding, or motion is a Member of the Legislature, and the Legislature is in session, in a recess of no more than forty days, or a legislative interim committee the member serves on is meeting or about to meet within the travel time reasonably needed to reach it, the court must postpone the matter to a set date.

While the Legislature is in session or in a short recess, the matter can't be brought on for trial or hearing — without the attorney of record's consent — until thirty days after final adjournment or the start of a recess longer than forty days, and an earlier date must be used if one becomes available during the recess. A parallel rule applies around interim committee meetings, tied to the travel time a legislator needs to reach the committee.

Granting the continuance is mandatory, with one significant exception: the court can deny it if doing so would defeat or abridge a right to relief pendente lite — such as paternity or domestic-relations support, attachment and sale of perishable goods, receivership of a failing business, or a temporary restraining order or preliminary injunction — and the court determines the continuance shouldn't be granted on that basis.

Frequently Asked Questions

Who triggers this mandatory postponement?

A party, an attorney of record, or a principal witness who is a Member of the California Legislature.

What legislative circumstances trigger the postponement?

The Legislature being in session, in a recess of no more than forty days, or a legislative interim committee the member belongs to meeting or about to meet within reasonable travel time.

Is the continuance automatic?

Granting it is mandatory unless the court finds it would defeat or abridge a right to relief pendente lite, such as certain provisional remedies listed in § 595, in which case the court may deny it.

Does postponement under § 595 affect other case deadlines?

Yes. Any postponement under this section suspends, for the same length of time, any deadline for a ruling, proceeding, or act affected by the postponement.

Amendment History

Amended by Stats. 1968, Ch. 698.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: legislator continuance california trialpostponement member of legislature