Colorado Motion for Continuance
C.R.C.P. 121 allows a continuance only for good cause. Your date stands until the judge rules.
Find out where you stand in Colorado
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Introduction
Colorado district courts follow C.R.C.P. 121, Practice Standard 1-11: a continuance is granted only for good cause. Section 1-11 sets no fixed deadline before the hearing, so file early. Your hearing or trial date stands until the court grants it.
Key Things to Know
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Colorado uses the term continuance. For district court, the rule is C.R.C.P. 121, Practice Standard 1-11, with trial calendar matters in C.R.C.P. 40 and local rules.
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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 it has been moved.
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The standard is stated in the rule itself: continuances of hearings or trials are granted only for good cause. Section 1-11 lists no specific grounds, so explain your reason with facts.
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Section 1-11 does not say in terms that the motion must be written or sworn. Written contested motions need legal authority (Practice Standard 1-15(1)(a)), and an affidavit is allowed, not required, for facts not of record (1-15(2)).
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Section 1-11 sets no fixed deadline before the hearing. The other side has 21 days to respond to a motion. If the motion is filed 42 days or less before trial, it has 14 days or such lesser or greater time as the court may allow (1-15(1)(b)).
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A stipulation for continuance is not effective until the court approves it (Practice Standard 1-11). Even if the other side agrees, keep your date until you are told the court approved the change.
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In an eviction case, if a party asks for a delay in trial longer than five days, the court may, on good cause shown, require a bond or other security to cover the other side's damages from the delay (C.R.S. 13-40-114).
Key decisions before you file
Before you file a Motion for Continuance in Colorado, a few decisions shape the document: which option to choose and what each one means. The Motion for Continuance guide walks through them.
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Colorado Requirements for Motion for Continuance
C.R.C.P. 121 Governs Continuances
For district court, C.R.C.P. 121, Practice Standard 1-11 governs motions for continuances of hearings or trials. Colorado calls the request a continuance.
Good Cause Standard
Continuances of hearings or trials are granted only for good cause (Practice Standard 1-11). The rule lists no specific grounds.
Certificate of Service on Client
A motion for continuance will not be considered without a certificate that a copy was also served on the moving attorney's client (Practice Standard 1-11).
Legal Authority and Optional Affidavit
Written contested motions need legal authority (Practice Standard 1-15(1)(a)). Affidavits are permitted, not required, for facts not of record (1-15(2)).
Response Time to the Motion
The other side has 21 days to respond. If the motion is filed 42 days or less before trial, it has 14 days or other time the court allows (Practice Standard 1-15(1)(b)). No fixed pre-hearing filing deadline is stated in 1-11.
Stipulations Need Court Approval
Stipulations for continuance are not effective unless and until approved by the court (Practice Standard 1-11).
Eviction Bond for Delay
If a party requests a delay in an eviction trial longer than five days, the court may, on good cause shown, require a bond or other security (C.R.S. 13-40-114).
Date Stands Until Court Rules
The hearing or trial date stands until the court grants the continuance. Attend unless the court says the date has moved.