Idaho Motion for Continuance

Introduction

Key Things to Know

1. 1

   Idaho calls it a continuance. Idaho Rule of Civil Procedure 2.5 refers to a motion or stipulation to vacate or continue a hearing or trial, and the court decides it in its discretion.

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 been moved.

3. 3

   Rule 2.5 lists no grounds for a general continuance, so state your reasons in the motion with particularity (IRCP 7(b)). A weak reason may be denied.

4. 4

   A request for a court order must be made by a written motion unless made during a hearing or trial, and it must state its grounds with particularity (IRCP 7(b)(1)).

5. 5

   The general motion rule is that the written motion, any supporting affidavits and the notice of hearing be received by the other parties at least 14 days before the hearing day (IRCP 7(b)(3)(A)). Rule 2.5 also lets the court set its own deadline for continuance motions by oral or written notice.

6. 6

   If you and the other side agree, a stipulation to continue is treated only as a joint motion. It is not binding on the court, which may approve or disapprove it (IRCP 2.5).

7. 7

   In nonpayment-of-rent possession actions (and certain controlled-substance and tenant-at-sufferance actions) on 5 acres or less, a defendant who applies for a continuance cannot get one longer than 2 days unless that defendant gives an undertaking with good and sufficient security, approved by the court, for rent that may accrue (I.C. 6-311). Idaho also has a statewide form, CAO Cv 4-8, Motion and Affidavit to Continue.

Idaho Requirements for Motion for Continuance

• IRCP 2.5 Governs Continuances

  Idaho Rule of Civil Procedure 2.5 covers a motion or stipulation to vacate or continue a hearing or trial. Idaho calls the request a continuance.

• Written Motion With Particular Grounds

  A request for a court order must be a motion, in writing unless made during a hearing or trial, stating its grounds with particularity (IRCP 7(b)(1)).

• 14 Days Before the Hearing

  Under the general motion rule, the written motion, supporting affidavits and notice of hearing must be received by the parties at least 14 days before the hearing day (IRCP 7(b)(3)(A)).

• Court May Set Its Own Deadline

  The court may, by oral or written notice, limit the time within which a motion or stipulation to continue must be made to be considered (IRCP 2.5).

• Stipulation Not Binding on Court

  An agreed continuance is treated as a joint motion and is not binding on the court, which may approve or disapprove it (IRCP 2.5). The hearing date stands until the court rules.

• Summary Judgment Affidavit Ground

  A nonmovant who shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition to a summary judgment motion may obtain deferral, denial or time from the court (IRCP 56(d)).

• Eviction Continuance Limited to 2 Days

  In nonpayment-of-rent (and certain controlled-substance or tenant-at-sufferance) possession actions on 5 acres or less, a defendant applying for a continuance cannot get one longer than 2 days unless that defendant gives an undertaking with good and sufficient security, approved by the court, for accruing rent (I.C. 6-311).

• Statewide Motion and Affidavit Form

  Form CAO Cv 4-8, Motion and Affidavit to Continue, asks the court to reschedule a hearing and includes a certification under penalty of perjury and a certificate of service.