Maine Motion for Continuance
M.R. Civ. P. 40 requires substantial reasons. Your court date stands until the judge rules.
Find out where you stand in Maine
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Introduction
Maine M.R. Civ. P. 40(c) says a motion for a continuance must be made immediately after the cause or ground becomes known. Continuances should only be granted for substantial reasons. Your date stands until the court rules.
Key Things to Know
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Maine calls it a continuance, and the rule is M.R. Civ. P. 40. Rule 40(a)(1) describes a continuance order as removing a case from the trial list or a date certain in response to a written motion.
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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 stricter than good cause: continuances should only be granted for substantial reasons (Rule 40(c)). Granting or denying one is up to the court.
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The motion must be in writing and must specify the cause or ground for the request, when that cause or ground became known, and whether the motion is opposed (Rule 40(a)(1), 40(c)).
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Timing: Rule 40(c) requires the motion immediately after the cause or ground becomes known, and telephonic or other oral notice must be given immediately to all other parties. Rule 40(c) sets no fixed day count for general civil cases.
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If you ask for more time because a material witness or evidence is absent, Rule 40(d) calls for an affidavit giving the witness's name, the expected testimony and your efforts to procure the witness or evidence.
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An agreed motion is not enough: the fact that a motion is unopposed does not assure that relief will be granted (Rule 40(c)). The court must still order the new date.
Key decisions before you file
Before you file a Motion for Continuance in Maine, 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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Maine Requirements for Motion for Continuance
Rule 40 Governs Continuances
M.R. Civ. P. 40 governs civil continuances in Maine. Maine uses the term continuance, and Rule 40(a)(1) refers to a continuance order entered on a written motion.
Substantial Reasons Standard
Continuances should only be granted for substantial reasons (Rule 40(c)). The court decides whether to grant or deny the motion.
Contents of the Written Motion
The motion must specify the cause or ground for the request, when the cause or ground became known, and whether the motion is opposed (Rule 40(c)).
File Immediately and Give Notice
The motion must be made immediately after the cause or ground becomes known, and telephonic or other oral notice must be given immediately to all other parties (Rule 40(c)).
Affidavit for Absent Witness or Evidence
A request based on an absent material witness or evidence is supported by an affidavit stating the witness's name, the expected testimony and the efforts made to procure the witness or evidence (Rule 40(d)).
Unopposed Does Not Assure Relief
The fact that a motion is unopposed does not assure that the requested relief will be granted (Rule 40(c)). The court enters the order.
Mediation Continuances Go to the Court
In Forcible Entry and Detainer and Small Claims mediation, continuance requests for mediation or hearing dates go to the court, not the mediator (Rule 16B).
Hearing Date Stands Until Ruling
The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you it has been moved.