Louisiana Motion for Continuance

Introduction

Key Things to Know

1. 1

   Until the court grants your motion, the hearing or trial date stands, so attend. Filing a motion, or the other side's agreement, does not move the date.

2. 2

   Louisiana's term is continuance, with its own chapter in the Code of Civil Procedure (arts. 1601-1605) and District Court Rule 9.17.

3. 3

   The standard: a continuance may be granted in any case if there is good ground (art. 1601). Rule 9.17(a) looks at the mover's diligence and good faith, the reasonableness of the grounds, fairness to both parties and other litigants, and orderly and prompt administration of justice. No ground guarantees a grant.

4. 4

   A continuance shall be granted if, when the case is to be tried, the party shows it was unable with due diligence to obtain material evidence, or a material witness absented himself without the party's contrivance (art. 1602). Showing this takes facts, and the other side may respond.

5. 5

   If a missing witness is the ground, the other side may require disclosure on oath of the facts to be proved and can defeat the continuance by admitting the witness would so testify (art. 1604).

6. 6

   The motion must set forth its grounds, and if in writing must comply with art. 863, which means a signature by the attorney, or by an unrepresented party with a physical address or email (art. 1603). Pleadings need not be verified or accompanied by an affidavit except as otherwise provided by law. A contested motion is tried summarily and contradictorily (art. 1605).

7. 7

   Agreements between counsel on a continuance are recognized only if written and filed in the record, or made in open court and entered on the minutes, and the court may still decline (Rule 9.16). This page does not state continuance rules for family, small claims or eviction cases beyond the eviction rule hearing being set no earlier than the third day after service (art. 4732); ask the clerk.

Louisiana Requirements for Motion for Continuance

• Good Ground for Continuance

  A continuance may be granted in any case if there is good ground (La. Code Civ. Proc. art. 1601).

• Peremptory Continuance Grounds

  A continuance shall be granted if, at trial, the party shows it was unable with due diligence to obtain material evidence, or a material witness absented himself without the party's contrivance (art. 1602).

• Court Factors Under Rule 9.17

  Rule 9.17(a) looks at the mover's diligence and good faith, the reasonableness of the grounds, fairness to both parties and other litigants, and orderly and prompt administration of justice.

• Motion Must State Grounds and Meet Art. 863

  The motion must set forth its grounds and, if in writing, comply with art. 863: signed by the attorney or by an unrepresented party with a physical address or email (art. 1603).

• No Affidavit Required in General

  Pleadings need not be verified or accompanied by an affidavit except as otherwise provided by law (art. 863). Art. 1604 refers to disclosure on oath where a missing witness is the ground.

• Missing Witness Can Be Answered

  The adverse party may require disclosure on oath of the facts to be proved and defeat the continuance by admitting the witness would so testify (art. 1604).

• Contested Motions Tried Summarily

  A contested motion for continuance is tried summarily and contradictorily (art. 1605).

• Stipulated Continuances

  The court may recognize counsel's agreement on a continuance only if written and filed in the record, or made in open court and entered on the minutes (Rule 9.16).

• Eviction Rule Return Date

  The rule to show cause in an eviction is returnable not earlier than the third day after service, and the court tries the rule at that time (art. 4732(A)).