Connecticut Motion for Continuance

Introduction

Key Things to Know

1. 1

   Connecticut Superior Court civil rules call the request a postponement or continuance. Practice Book Section 14-16(c) says that on request of a party and for good cause shown, the presiding judge may postpone a case.

2. 2

   The hearing or trial date stands until the court grants the request. Attend unless the court tells you the date has moved.

3. 3

   Short calendar matters that need oral argument or counsel's presence are continued only for good cause shown or by the parties' timely agreement (Section 11-16).

4. 4

   A motion based on an absent material witness, or a missing document or other evidence, must be supported by an affidavit if the other side or the court requires it (Section 14-24). The court may refuse it if there is no good reason you did not prepare to have the witness present.

5. 5

   For a short calendar matter, a continuance needs good cause shown, or the parties' agreement before the day of the short calendar session with notice to the clerk. Without agreement, any counsel appearing may argue (Section 11-16).

6. 6

   If a postponement of a case assigned for trial is granted, the court may require the movant to pay the other side reasonable indemnity (Section 14-23).

7. 7

   In small claims, ask the clerk in writing (oral requests only in extraordinary circumstances), stating your reasons and whether the other party agrees. The clerk decides requests made before the hearing date, and the judge decides requests made on that date (Section 24-15(b)).

Connecticut Requirements for Motion for Continuance

• Good Cause for Postponement

  Practice Book Section 14-16(c) lets the presiding judge postpone a case on a party's request and for good cause shown. Connecticut uses the terms postponement and continuance.

• Short Calendar Continuances

  Short calendar matters needing oral argument or counsel's presence are not continued except for good cause shown, or by agreement reached before the session day with notice to the clerk (Section 11-16).

• Affidavit if Required

  A motion based on an absent material witness or missing evidence must be supported by an affidavit if the adverse party or the court requires it (Section 14-24).

• Witness and Evidence Grounds

  Section 14-24 addresses an absent material witness and a missing document or other evidence. The court may refuse if there is no good reason the party did not prepare to have the witness present.

• Indemnity to the Other Side

  If a postponement of a case assigned for trial is granted, the court may require the movant to pay the adverse party reasonable indemnity (Section 14-23).

• Small Claims Written Request

  A small claims request goes in writing to the clerk (orally only in extraordinary circumstances), stating reasons and whether the other party agreed. The clerk decides before the hearing date, the judge on that date (Section 24-15(b)).

• Small Claims 90-Day Rehearing

  A small claims continuance, if the plaintiff claims prejudice from an unexpected defense or counterclaim or either party shows good cause, sets the new hearing within 90 days of the postponed date (Section 24-15(b)).

• Hearing Date Stands Until Ruling

  Filing a motion does not postpone the hearing. The date stands until the court grants the request.