Arkansas Motion for Continuance

Introduction

Key Things to Know

1. 1

   Arkansas uses the term continuance, and Ark. R. Civ. P. 40(b) is the civil rule: the court may, upon motion and for good cause shown, continue any case previously set for trial.

2. 2

   The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you in writing or in open court that the date has moved.

3. 3

   Good cause is the standard. Rule 40 lists no factors, so what counts is left to the trial court's discretion, and a continuance is never guaranteed.

4. 4

   Rule 40 itself does not require the motion to be in writing, and it does not require notice to the other side. The court can require notice, and written or oral notice to the other side is the practical course in most instances.

5. 5

   Rule 40(c) addresses a stay when an attorney or party is a legislator or legislative officer. The period runs from up to 15 days before the General Assembly convenes to not less than 30 days after it adjourns (Rule 40(c)(1)).

6. 6

   For an interim committee meeting day, the attorney must request the stay at least 3 days before (Rule 40(c)(2)). That is the only filing deadline in Rule 40.

7. 7

   Prior Arkansas law made a continuance mandatory for a member of the legislature. The Reporter's Notes say that under Rule 40 a continuance is never mandatory, so the court still decides.

Arkansas Requirements for Motion for Continuance

• Rule 40(b) Governs Continuances

  Ark. R. Civ. P. 40(b) lets the court, upon motion and for good cause shown, continue any case previously set for trial. Arkansas calls the request a continuance.

• Good Cause Shown Standard

  Rule 40 lists no factors for good cause. The decision is left to the trial court's discretion, and a continuance is never mandatory.

• Written Motion Not Required by Rule 40

  Rule 40 does not itself require a written motion or notice to opposing counsel, though the court can require notice and notice should be given in most instances.

• No General Filing Deadline

  Rule 40 sets no general filing deadline. The only deadline is the 3 day request for an interim committee meeting day under Rule 40(c)(2).

• Legislator Stay Window

  Rule 40(c)(1) addresses a stay when an attorney or party is a legislator or legislative officer, from up to 15 days before the General Assembly convenes to not less than 30 days after adjournment. A continuance is never mandatory.

• Interim Committee Meeting Day

  Under Rule 40(c)(2), the legislator stay also covers an interim committee meeting day if the attorney requests it at least 3 days before.

• Hearing Date Stands Until Ruling

  The hearing or trial date stands until the court grants the continuance. State the other side's position and the requested new timing in the motion.