Illinois Motion for Continuance

Q: What rule governs a motion for continuance in Illinois?

Illinois Supreme Court Rule 231, titled Motions for Continuance, is the statewide rule. Illinois calls it a continuance. Local circuit rules may add procedures, so check the rules of the court hearing your case.

Q: What are acceptable reasons for a continuance in Illinois civil court?

Rule 231 lists the absence of material evidence, military service of a party whose presence is necessary in time of war or insurrection, a party or retained attorney being a member of the General Assembly while in session, and an amendment that leaves you unprepared for trial. The judge decides each request.

Q: Does an Illinois motion for continuance need an affidavit?

Yes when it is based on the absence of material evidence (Rule 231(a)) or on an amendment, where you must swear you are unprepared to proceed (Rule 231(d)). The rule does not state an affidavit requirement for the other grounds.

Q: What must the affidavit say if I need a missing witness or evidence in Illinois?

It must show due diligence, the particular facts the evidence would prove, where the witness lives, and that the evidence can be procured if time is given (Rule 231(a)). The motion is denied if the evidence is immaterial or the other side admits the affidavit as the witness's testimony, unless a continuance is needed for the furtherance of justice.

Q: Does an Illinois motion for continuance have to be in writing?

Rule 231 does not say in terms that the motion must be written. Because an affidavit is required for some grounds, and because courts may have local rules on motions, a written motion is the safer course. Ask the clerk what your court expects.

Q: How far ahead do I have to file a motion for continuance in Illinois?

Rule 231 gives no day count. It does say that a motion made after the cause has been reached for trial is not heard unless a sufficient excuse is shown for the delay (Rule 231(f)). File as soon as you know you need more time.

Q: Can the other side and I agree to a continuance in Illinois?

You can ask. Rule 231(e) lets the court continue a cause for trial to a later day on its own motion or with the consent of the adverse party, but the court still has to order the new date. Until it does, the original date stands.

Q: Do I still have to go to my Illinois hearing if I filed a motion for continuance?

Yes, unless the court has granted the motion and told you the date moved. Filing a motion does not postpone anything.

Q: Are there special continuance rules for Illinois family court, eviction or small claims?

Rule 231 is the general civil continuance rule. Separate continuance rules for family, eviction or small claims cases are not covered here, so ask the clerk or check local rules for your case type.

Q: Is there an official Illinois motion for continuance form or template?

No statewide official continuance form is covered here. Ask the circuit clerk whether your court has one.

Illinois Supreme Court Rule 231 governs continuances. Your court date stands until the judge rules.

Find out where you stand in Illinois

What kind of case is the hearing in?

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Introduction

Illinois Supreme Court Rule 231 governs a continuance. It sets no day count, but a motion made after the cause is reached for trial is heard only on sufficient excuse. Your date stands until the court grants it.

Key Things to Know

1
Illinois uses the term continuance, and Illinois Supreme Court Rule 231 is the statewide civil rule. It is titled Motions for Continuance.
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 it has been moved.
3
Rule 231 says it is sufficient cause for a continuance if, in time of war or insurrection, a party whose presence is necessary is in the military service, or if a party or retained attorney is a member of the General Assembly while it is in session. The court still decides.
4
If you ask for a continuance because material evidence is absent, the motion must be supported by your affidavit (or that of your authorized agent). It must show due diligence, the particular facts, where the witness lives, and that the evidence can be procured if time is given (Rule 231(a)).
5
The continuance is denied if the evidence is immaterial, or if the other side admits the affidavit as the witness's testimony, unless the court finds a continuance necessary for the furtherance of justice (Rule 231(b)).
6
Rule 231 sets no fixed day count. A motion made after the cause has been reached for trial is not heard unless a sufficient excuse is shown for the delay, so file as early as you learn of the problem (Rule 231(f)).
7
The court may continue a case on its own motion or with the consent of the other side, but the court still has to order it. The court may also tax costs as a condition of a continuance (Rule 231(e), (g)).

Key decisions before you file

Before you file a Motion for Continuance in Illinois, a few decisions shape the document: which option to choose and what each one means. The Motion for Continuance guide walks through them.

Open the Motion for Continuance guide

Customize your Motion for Continuance Template with DocDraft

STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE [JUDICIAL CIRCUIT] JUDICIAL CIRCUIT [COUNTY] COUNTY, ILLINOIS

[PLAINTIFF NAME], Plaintiff,

v. Case No. [CASE NUMBER]

[DEFENDANT NAME], Hearing/Trial Date: [DATE AND TIME] Defendant. Courtroom/Judge: [COURTROOM OR JUDGE]

MOTION FOR CONTINUANCE

NOW COMES [YOUR NAME], [PLAINTIFF OR DEFENDANT], [SELF-REPRESENTED OR BY COUNSEL, NAME], and moves under Illinois Supreme Court Rule 231 for a continuance of the [HEARING OR TRIAL] now set for [DATE AND TIME]. In support, the movant states:

This case is pending in the above court. The [HEARING OR TRIAL] is set for [DATE AND TIME]. This is the [FIRST OR NUMBER] request for a continuance by the movant.
GROUNDS:

[IF APPLICABLE: GROUND A, ABSENCE OF MATERIAL EVIDENCE (Rule 231(a)): The movant needs [EVIDENCE OR WITNESS NEEDED], which is material because [WHY IT MATTERS]. The movant has used due diligence to obtain it by [STEPS TAKEN AND DATES]. The particular facts the evidence would show are [FACTS]. The witness resides at [WITNESS RESIDENCE]. The movant believes the evidence can be procured if time is given because [REASON].]

[IF APPLICABLE: GROUND B, MILITARY SERVICE (Rule 231(c)): In time of war or insurrection, [NAME OF PARTY], a party whose presence is necessary, is in the military service, as follows: [DETAILS].]

[IF APPLICABLE: GROUND C, LEGISLATIVE SERVICE (Rule 231(c)): [PARTY OR RETAINED ATTORNEY NAME] is a member of the General Assembly, and the General Assembly is in session.]

[IF APPLICABLE: GROUND D, AMENDMENT (Rule 231(d)): An amendment was filed on [DATE], and as a result the movant is unprepared to proceed to or with the trial.]

[IF APPLICABLE: This motion is made after the cause was reached for trial. The excuse for the delay is: [EXCUSE].]
REQUESTED NEW TIMING: The movant asks that the matter be continued to [REQUESTED DATE OR TIME PERIOD, OR A DATE CONVENIENT TO THE COURT].
POSITION OF OTHER SIDE: The movant contacted [OTHER SIDE NAME OR COUNSEL] on [DATE]. The other side [CONSENTS, DOES NOT CONSENT, OR HAS NOT RESPONDED].
This motion is made in good faith and not for the purpose of delay.

WHEREFORE, the movant asks that the Court continue the [HEARING OR TRIAL] to the date stated above, and grant any other relief the Court finds just.

Dated: [DATE]

Respectfully submitted,

[YOUR NAME] [ADDRESS] [PHONE] / [EMAIL]

AFFIDAVIT [IF APPLICABLE: GROUND A OR GROUND D] The undersigned, being duly sworn or affirming under oath, states that the facts set out in this motion are true and correct to the best of the undersigned's knowledge. [IF APPLICABLE: GROUND D: In consequence of the amendment, the undersigned is unprepared to proceed to or with the trial.]

______________________________ Date: [DATE] [AFFIANT NAME]

CERTIFICATE OF SERVICE I certify that on [DATE] I served a copy of this motion on [OTHER SIDE NAME OR COUNSEL] at [ADDRESS OR EMAIL] by [METHOD OF SERVICE].

[YOUR NAME]

Illinois Requirements for Motion for Continuance

Rule 231 Governs Continuances
Illinois Supreme Court Rule 231 (Motions for Continuance) is the statewide civil continuance rule. Illinois calls the request a continuance.
Affidavit for Absent Material Evidence
A motion based on absent material evidence must be supported by the affidavit of the party or authorized agent, showing due diligence, the particular facts, witness residence, and that the evidence can be procured if time is given (Rule 231(a)).
Listed Grounds of Sufficient Cause
Rule 231(c) lists military service of a necessary party in time of war or insurrection, and a party or retained attorney who is a member of the General Assembly while in session.
Affidavit for Amendment Ground
No amendment is cause for a continuance unless the affected party, agent or attorney swears that, as a result, the party is unprepared to proceed to or with the trial (Rule 231(d)).
Denial for Immaterial Evidence
A continuance is denied if the evidence is immaterial or the other side admits the affidavit as the witness's testimony, unless a continuance is necessary for the furtherance of justice (Rule 231(b)).
Late Motions Need Sufficient Excuse
A motion made after the cause has been reached for trial is not heard unless a sufficient excuse is shown for the delay. Rule 231 sets no fixed day count (Rule 231(f)).
Agreed Continuance Still Court-Ordered
The court may continue a cause on its own motion or with the consent of the adverse party, but the court enters the order (Rule 231(e)).
Costs as a Condition
Costs may be taxed as a condition of granting a continuance (Rule 231(g)). The hearing date stands until the court rules.

Frequently Asked Questions

What rule governs a motion for continuance in Illinois?

What are acceptable reasons for a continuance in Illinois civil court?

Does an Illinois motion for continuance need an affidavit?

What must the affidavit say if I need a missing witness or evidence in Illinois?

Does an Illinois motion for continuance have to be in writing?

How far ahead do I have to file a motion for continuance in Illinois?

Can the other side and I agree to a continuance in Illinois?

Do I still have to go to my Illinois hearing if I filed a motion for continuance?

Are there special continuance rules for Illinois family court, eviction or small claims?

Is there an official Illinois motion for continuance form or template?

Can an Illinois court charge costs for granting a continuance?

Find out where you stand in Illinois

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Continuance Template with DocDraft

Illinois Requirements for Motion for Continuance

Rule 231 Governs Continuances

Affidavit for Absent Material Evidence

Listed Grounds of Sufficient Cause

Affidavit for Amendment Ground

Denial for Immaterial Evidence

Late Motions Need Sufficient Excuse

Agreed Continuance Still Court-Ordered

Costs as a Condition

Frequently Asked Questions