Arizona Motion for Continuance

Introduction

Key Things to Know

1. 1

   Arizona's civil trial rule calls it a postponement (Ariz. R. Civ. P. 38.1(b)). Courts, forms and the family and eviction rules also say continuance. Rule 16(b)(3) says a set trial date can be changed only under Rule 38.1.

2. 2

   The hearing or trial date stands until the court grants the motion. Attend unless the court tells you the date has been moved. Filing a motion does not postpone anything.

3. 3

   Rule 38.1(b) says the court may not postpone a set trial unless good cause exists, supported by affidavit or other evidence, the parties consent, or postponement is required by operation of law.

4. 4

   The motion must be written. It must set out the basis for the request and any supporting evidence, and you must attach a separate statement certifying that the postponement is not sought solely for delay and will serve the interests of justice.

5. 5

   If you need a witness who is unavailable, an affidavit must cover the witness, the expected testimony, why it matters, why the witness is unavailable, and your diligence. The court may deny the request if the expected testimony would be inadmissible.

6. 6

   Rule 38.1 states no fixed lead time for the motion, so file as early as you can. Under Rule 7.2(a)(3) the other side has 10 days after service to respond and you may reply within 5 days. Local rules may add deadlines.

7. 7

   Even if the other side agrees, the court still has to order the postponement. One Arizona family court packet states that the court will not automatically grant a continuance, even if the parties agree.

Arizona Requirements for Motion for Continuance

• Rule 38.1(b) Governs Postponement

  Ariz. R. Civ. P. 38.1(b) is the civil trial postponement rule. Arizona calls it a postponement, and Rule 16(b)(3) allows a set trial date to be changed only under Rule 38.1.

• Good Cause With Affidavit or Evidence

  A court may not postpone a set trial unless good cause exists, supported by affidavit or other evidence, the parties consent, or postponement is required by operation of law (Rule 38.1(b)).

• Written Motion With Supporting Evidence

  A party seeking postponement of a trial must file a motion setting out the basis for the request and any supporting evidence (Rule 38.1(b)).

• Separate Not-for-Delay Certification

  Attach a separate statement certifying that the postponement is not sought solely for delay and will serve the interests of justice (Rule 38.1(b)).

• Witness Unavailability Affidavit

  A request based on an unavailable witness needs an affidavit covering the witness, expected testimony, materiality, the reason for unavailability and diligence. The court may deny it if the testimony would be inadmissible.

• Response and Reply Periods

  Rule 38.1 states no lead time for the motion. Under Rule 7.2(a)(3) the response is due 10 days after service and a reply 5 days after the response. Local rules may add deadlines.

• Agreed Postponement Still Court-Ordered

  Consent of the parties is a ground under Rule 38.1(b), but the court may not postpone unless a ground exists. One Arizona family court packet states the court will not automatically grant a continuance even when the parties agree.

• Eviction Actions Have Their Own Rules

  Eviction actions follow the Arizona Rules of Procedure for Eviction Actions. One county justice court notice states a continuance request must be written, supported by affidavit, show good cause, and be for no more than three working days.

• Hearing Date Stands Until the Court Rules

  Filing a motion does not vacate the trial or hearing date. Attend unless the court grants the motion and tells you the date has moved.