Motion for Continuance

Q: How do you ask for a continuance?

Most courts expect a written motion that names the case, the hearing date you want moved, your reasons, and the new timing you are asking for. You file it with the clerk, serve a copy on the other side, and follow the court's practice for getting a ruling, which may be a hearing or a decision on the papers.

Q: What are acceptable reasons for a continuance in civil court?

Courts commonly accept illness or a medical emergency, a material witness or piece of evidence that cannot be available despite reasonable efforts, a lawyer's withdrawal or the need for new counsel to prepare, a genuine conflict that cannot be rescheduled, and active settlement talks. Explain the facts specifically and attach support where you can. Wanting more time without a reason is rarely enough.

Q: What reasons work for a continuance in family court?

The same kinds of good cause apply in family court, such as illness, an unavailable witness or records, a change of lawyers, or a real conflict. Family courts also weigh the effect of delay on children and on any temporary orders, so some judges are stricter about postponing custody, support or protective order hearings.

Q: Is there a motion for continuance form?

Some courts publish an official motion for continuance form, and where one is required you should use it. Many courts accept a typed motion with the case caption instead. Check the court's website or ask the clerk which applies to your case.

Q: What should a motion for continuance example include?

A complete motion includes the caption and case number, the hearing date to be continued, the specific grounds, a statement that the request is not made for delay, the new date or time period you are asking for, whether the other side agrees, a signed declaration or verification of the facts, and a certificate of service.

Q: How early should I file a motion for continuance?

As soon as you know you need one. Courts look less favorably on last-minute requests, and some courts set deadlines before the hearing. A request made on the day of the hearing is usually limited to true emergencies.

Q: Do I still have to go to the hearing after I file the motion?

Yes. Filing a motion for continuance does not move the hearing. The original date stands until the court grants the request, so attend unless the court or the clerk confirms the date has changed. Missing a hearing can lead to a default or other ruling against you.

Q: What if the other side agrees to the continuance?

Say so in the motion, or file a joint or agreed motion if the court allows it. An agreement helps, but in most courts the judge still has to approve the new date, and the original date stands until that happens.

Q: What happens if the court denies the continuance?

The case goes forward on the original date. Be ready to proceed, bring your witnesses and documents, and if circumstances change you may be able to ask again on new facts.

Ask the court in writing to postpone a hearing or trial, with your reasons and a proposed new date.

Find out where you stand — what state are you in?

DocDraft provides document preparation, not legal advice.

Introduction

A motion for continuance asks the court to postpone a hearing or trial. Courts generally require good cause and do not grant delay for its own sake. File it in writing early, serve the other side, and attend the original date unless the court moves it.

Key Things to Know

1
Until the court grants a continuance, the original hearing or trial date stands. Attend on that date unless the court or the clerk confirms it has been moved.
2
Courts generally require good cause and do not postpone a case for delay alone. The judge decides, and a request can be denied.
3
Reasons courts often accept include illness or a medical emergency, an unavailable witness or evidence, a lawyer's withdrawal or newly hired counsel, a genuine conflict, and active settlement talks.
4
Weak reasons include being unprepared without explanation, asking for more time without saying why, and a conflict you created after the date was set.
5
File a written motion as early as you can, serve a copy on every other party, and tell the court whether they agree. An agreed continuance usually still needs the court's approval.
6
Some states require a sworn affidavit or verification to support the facts in the motion, and some courts publish their own continuance forms.
7
Eviction, small claims and family cases can have stricter limits on postponements. Each state's page gives its exact rule, standard and forms.

Motions for continuance by state

Each state's rule, the standard a judge applies, and whether a sworn statement is needed. Open your state's page before you file.

State	Rule	Standard	Sworn statement
Alaska	Alaska R. Civ. P. 40(e)	For cause shown; court may impose terms	Yes, for trial continuances
Arizona	Ariz. R. Civ. P. 38.1(b)	Good cause for postponing a trial	Yes, supported by affidavit
Arkansas	Ark. R. Civ. P. 40(b)	Good cause shown	See the state page
California	Cal. Rules of Court 3.1332	Good cause; trial dates are firm	Yes, a supporting declaration
Colorado	C.R.C.P. 121 Practice Standard 1-11	Only for good cause	See the state page
Connecticut	Conn. Practice Book 14-16, 14-18	Good cause shown	Only for an absent witness or evidence
Delaware	Del. Super. Ct. Civ. R. 40(c)	Material-witness ground is set out in the rule	For the material-witness ground
Florida	Fla. R. Gen. Prac. & Jud. Admin. 2.545(e)	Good cause, in a signed written motion	Not required by the rule
Georgia	O.C.G.A. 9-10-150 to 9-10-167	Court discretion; the ends of justice	See the state page
Hawaii	RCCH Rule 7; HFCR Rule 40	See the state page	See the state page
Idaho	Idaho R. Civ. P. 2.5	Decided by motion in the court's discretion	See the state page
Illinois	Ill. S. Ct. R. 231	Sufficient excuse; absence of material evidence	Only for an absent witness or evidence
Indiana	Ind. Trial Rule 7(D)	Written motion with grounds	Not required by the rule
Iowa	Iowa R. Civ. P. 1.910-1.911	Causes listed in rule 1.911	See the state page
Kansas	K.S.A. 60-240(b)	Good cause	Only for an absent witness or evidence
Kentucky	Ky. CR 43.03	Materiality and due diligence for absent evidence	Only for an absent witness or evidence
Louisiana	La. Code Civ. Proc. arts. 1601-1605	Good ground; some peremptory grounds	Not required by the code
Maine	M.R. Civ. P. 40(c)	Written motion stating the cause	See the state page
Maryland	Md. Rule 2-508	See the state page	Only for an absent necessary witness
Massachusetts	Mass. R. Civ. P. 40(b)	Good cause only	Only for an absent witness or evidence
Michigan	MCR 2.503 (adjournments)	Good cause	Not required by the rule
Minnesota	Minn. Gen. R. Prac. 122	See the state page	See the state page
Missouri	Mo. Sup. Ct. R. 65.01	Good cause shown	Yes, by affidavit
Montana	Mont. Code Ann. 25-4-503	Good cause, in furtherance of justice	Only for an absent witness or evidence
Nebraska	Neb. Rev. Stat. 25-1148	Court discretion	Yes, supported by affidavit
Nevada	Nevada DCR Rule 14	Good faith, not merely for delay	Yes
New Hampshire	N.H. Super. Ct. R. 12(c)	See the state page	Only for an absent witness or evidence
New Jersey	N.J. Ct. R. 4:36-3(b)	A stated reason for the adjournment	See the state page
New Mexico	Rule 2-601(A) NMRA (magistrate court)	Good cause shown	See the state page
New York	N.Y. CPLR 2004	Good cause shown	See the state page
North Carolina	N.C. R. Civ. P. 40(b)	Good cause shown	See the state page
North Dakota	N.D.R.Ct. 6.1	Good cause, by a declaration or otherwise	Not required by the rule
Ohio	Ohio Sup.R. 5.24	See the state page	See the state page
Oklahoma	12 O.S. 667	See the state page	Only for an absent witness or evidence
Oregon	UTCR 6.030; ORCP 52	See the state page	Not required by the rule
Pennsylvania	Pa.R.C.P. 216	Grounds listed in the rule	Only for an absent witness
Rhode Island	R.I. Super. Ct. R. Civ. P. 40(b)	Good cause shown	For the grounds in Rule 40(c)
South Carolina	SCRCP Rule 40(i)(1)	Good and sufficient cause	Only for an absent witness
South Dakota	SDCL 15-11-4	Good cause shown	Yes
Texas	Tex. R. Civ. P. 251-254	Sufficient cause	Yes, supported by affidavit
Utah	Utah R. Civ. P. 40(b)	Good cause, on just terms	See the state page
Vermont	V.R.C.P. 40(c)-(d)	See the state page	Affidavit or attorney's certificate
Virginia	Va. Code 30-5	Continuance as of right in listed situations	See the state page
District of Columbia	D.C. Super. Ct. Small Claims R. 7(c)	See the state page	Not required by the rule
Washington	Wash. Super. Ct. Civ. R. 40(d)-(e)	Good cause	Only for absent evidence
West Virginia	W. Va. Family Ct. R. 19	Good cause; one continuance per party	See the state page
Wisconsin	Wis. Stat. 801.15(2)(a)	Cause shown, on just terms	Not required by the rule
Wyoming	URDC 201; W.S. 1-9-101 to 1-9-102	Good cause shown in writing	Only for an absent witness or evidence

Key Decisions

Why You Need More Time

The Other Side and the Request

Your Case and Hearing

Motion for Continuance Requirements

File a Written Motion as Early as You Can
Most courts expect a written motion filed well before the hearing date. A request made at the last minute is less likely to be granted.
State a Specific Reason the Court Recognizes
Courts usually require good cause, such as illness, an unavailable witness or a genuine conflict. A continuance is not granted just to delay the case.
Support the Reason With Facts or Documents
Attach or describe proof of the reason, such as a doctor's note, a subpoena or a conflicting court notice.
Swear to the Facts Where Your State Requires It
Some states require the motion to be supported by an affidavit or sworn statement. Check your state's rule.
Tell the Other Side and Say Whether They Agree
Serve a copy of the motion on the other party or their lawyer, and say whether they agree. An agreement may still need the court's approval.
Propose New Timing
Ask for a specific new date range or event, so the judge can see you are not asking for an open-ended delay.
Follow Your Court's Forms and Local Rules
Some courts publish an official form for continuance requests and have local rules on timing and filing. Use them where they apply.
Keep Attending Until the Court Rules
Until the court grants the continuance, the hearing date stands. Attend the hearing unless you have been told it was moved.
Expect Limits in Some Case Types
Eviction, small claims and some family matters can have stricter limits on continuances, and some courts require rent to be paid into the court during a delay.

Customize your Motion for Continuance Template with DocDraft

MOTION FOR CONTINUANCE

IN THE NAME OF COURT COUNTY OF COUNTY NAME, STATE OF STATE NAME

PLAINTIFF NAME, Plaintiff/Petitioner, v. Case No. CASE NUMBER DEFENDANT NAME, Defendant/Respondent.

MOTION FOR CONTINUANCE

MOVING PARTY NAME, the PLAINTIFF/PETITIONER OR DEFENDANT/RESPONDENT in this case, asks the Court to continue the HEARING OR TRIAL now set for HEARING DATE at HEARING TIME in COURTROOM OR DEPARTMENT, and states as follows:

Current setting. This matter is set for TYPE OF HEARING OR TRIAL on HEARING DATE. This is the FIRST, SECOND OR OTHER request for a continuance of this setting by the moving party.
Grounds. Good cause exists for a continuance for the following reason or reasons:

[IF APPLICABLE: Illness or medical emergency] On DATE, NAME became ill or was injured and is unable to attend or participate on the hearing date because DESCRIPTION OF CONDITION. Supporting records are attached as Exhibit A.

[IF APPLICABLE: Unavailable witness or evidence] WITNESS NAME OR DESCRIPTION OF EVIDENCE is material to the case because REASON IT MATTERS. Despite reasonable efforts, including DESCRIPTION OF EFFORTS, it cannot be available by the hearing date. It is expected to be available by DATE.

[IF APPLICABLE: Withdrawal of counsel or new counsel] On DATE, PRIOR ATTORNEY NAME withdrew, or NEW ATTORNEY NAME was retained, and needs reasonable time to prepare.

[IF APPLICABLE: Unavoidable conflict] NAME has a conflict on the hearing date that cannot be rescheduled, namely DESCRIPTION OF CONFLICT, which arose on DATE.

[IF APPLICABLE: Settlement discussions] The parties are actively discussing settlement, and a short continuance may resolve the matter without a hearing.

[IF APPLICABLE: Other reason] DESCRIPTION OF OTHER REASON.

Not for delay. This motion is made in good faith and not for the purpose of delay. No party will be unfairly prejudiced by the requested continuance because REASON.
Requested new timing. The moving party asks that the setting be continued to a date on or after REQUESTED DATE, or to the next available date convenient to the Court, for a period of about NUMBER DAYS OR WEEKS.
Position of the other party. On DATE, the moving party contacted OTHER PARTY OR ATTORNEY NAME by METHOD. The other party AGREES WITH, OPPOSES, OR HAS NOT RESPONDED TO this request.

WHEREFORE, the moving party asks the Court to grant this motion, continue the HEARING OR TRIAL now set for HEARING DATE, and reset it for a date the Court finds appropriate.

DECLARATION OR VERIFICATION

I, NAME, declare that I have read this motion and that the facts stated in it are true and correct to the best of my knowledge. I declare under penalty of perjury under the laws of STATE NAME that the foregoing is true and correct.

Signed on DATE at CITY, STATE.

SIGNATURE PRINTED NAME ADDRESS PHONE NUMBER EMAIL ADDRESS PLAINTIFF/PETITIONER OR DEFENDANT/RESPONDENT, SELF-REPRESENTED OR ATTORNEY NAME AND BAR NUMBER

CERTIFICATE OF SERVICE

I certify that on DATE, I served a copy of this Motion for Continuance on OTHER PARTY OR ATTORNEY NAME at ADDRESS OR EMAIL by METHOD OF SERVICE.

SIGNATURE PRINTED NAME

Frequently Asked Questions

How do you ask for a continuance?

What are acceptable reasons for a continuance in civil court?

What reasons work for a continuance in family court?

Is there a motion for continuance form?

What should a motion for continuance example include?

How early should I file a motion for continuance?

Do I still have to go to the hearing after I file the motion?

What if the other side agrees to the continuance?

Do I need an affidavit with a continuance motion?

What happens if the court denies the continuance?

Find out where you stand — what state are you in?

Introduction

Key Things to Know

Motions for continuance by state

Key Decisions

Why You Need More Time

The Other Side and the Request

Your Case and Hearing

Motion for Continuance Requirements

File a Written Motion as Early as You Can

State a Specific Reason the Court Recognizes

Support the Reason With Facts or Documents

Swear to the Facts Where Your State Requires It

Tell the Other Side and Say Whether They Agree

Propose New Timing

Follow Your Court's Forms and Local Rules

Keep Attending Until the Court Rules

Expect Limits in Some Case Types

Customize your Motion for Continuance Template with DocDraft

Frequently Asked Questions