Maryland Motion for Continuance
Rules 2-508 and 3-508: postponement as justice may require. Your date stands until the court rules.
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Introduction
Maryland Rule 2-508 (circuit court) and Rule 3-508 (District Court) let the court continue or postpone a trial or proceeding as justice may require. File as soon as you know you need more time. Your date stands until the court rules.
Key Things to Know
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Maryland says continue or postpone. Rule 2-508 applies in circuit court and the parallel Rule 3-508 applies in the District Court, which hears landlord-tenant and small claims cases.
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The hearing or trial date stands until the court grants the motion. Attend unless the court tells you in writing or in open court that the date has moved.
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The standard is wording, not a promise: the court may continue or postpone a trial or other proceeding as justice may require, on a party's motion or on its own initiative.
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Unfinished discovery is not a ground by itself. Once a trial date is assigned, the trial shall not be continued on the ground that discovery has not been completed, except for good cause shown (Rule 2-508(b), 3-508(b)).
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If the ground is that a necessary witness is absent, the motion must be supported by an affidavit (Rule 2-508(c)). Rule 3-508 has no matching absent-witness subsection.
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Put the request in writing and say whether the other side agrees. The official forms CC-023 (circuit court) and DC-070 (District Court) both ask for the other side's position.
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The court may assess costs of the continuance (Rule 2-508(d), 3-508(c)). The District Court self-help page says a postponement is not automatically granted and should be requested in writing with an explanation.
Key decisions before you file
Before you file a Motion for Continuance in Maryland, 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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Maryland Requirements for Motion for Continuance
Rules 2-508 and 3-508 Govern Continuances
Maryland Rule 2-508 applies in circuit court and Rule 3-508 in the District Court. The court may continue or postpone a trial or other proceeding as justice may require.
Affidavit for Absent Necessary Witness
A circuit court motion for a continuance or postponement on the ground that a necessary witness is absent must be supported by an affidavit (Rule 2-508(c)).
Unfinished Discovery Is Not a Ground Alone
After a trial date is assigned, the trial shall not be continued because discovery has not been completed, except for good cause shown (Rule 2-508(b), 3-508(b)).
Court Acts on Motion or Own Initiative
The court may continue or postpone on a party's motion or on its own initiative. The hearing date stands until the court rules.
Official Forms CC-023 and DC-070
CC-023 (Rule 2-508, circuit court) includes a certificate of service and an affidavit-attached box. DC-070 (Rule 3-508, District Court) is signed. Both ask the other side's position.
Position of the Other Side
State whether the opposing party or attorney agrees, as both official forms ask. CC-023 also offers disagrees or position unknown.
District Court Request in Writing
The District Court, which hears landlord-tenant and small claims cases, says to request a postponement in writing with an explanation. It is not automatically granted.
Costs of the Continuance
The court may assess costs of the continuance (Rule 2-508(d), 3-508(c)).