Michigan Motion for Continuance

Introduction

Key Things to Know

1. 1

   Michigan's rule is MCR 2.503, titled Adjournments. Michigan court materials use adjournment and continuance interchangeably.

2. 2

   The hearing or trial date stands until the court grants the adjournment. Attend unless the court tells you in writing or in open court that it has been moved.

3. 3

   A request must be by motion or stipulation and be based on good cause. Courts have described good cause as a legally sufficient or substantial reason, and the court may also grant an adjournment to promote the cause of justice (MCR 2.503(B), (D)).

4. 4

   Unless the court allows otherwise, the request must be by motion or stipulation made in writing or orally in open court. MCR 2.503 does not require an affidavit, but local courts may add requirements, so ask the clerk.

5. 5

   The request must state who is asking, the reason, and how many adjournments were already granted. The title must say whether it is a first or later request, such as Defendant's Request for Third Adjournment (MCR 2.503(B)).

6. 6

   If you need a witness or evidence, the evidence must be material and you must show diligent efforts to obtain it. Ask as soon as possible after you learn the facts (MCR 2.503(C)). The court may impose costs or conditions (MCR 2.503(D)).

7. 7

   If your attorney dies, is disabled, disbarred, suspended, inactive or resigns, the court must adjourn for at least 28 days so you can get a new attorney or appear in person (MCR 2.503(F)).

Michigan Requirements for Motion for Continuance

• MCR 2.503 Governs Adjournments

  MCR 2.503 (Adjournments) is the Michigan court rule. Michigan calls the request an adjournment, and court materials also use continuance.

• Good Cause Required

  A request for an adjournment must be by motion or stipulation and be based on good cause. The court may grant an adjournment to promote the cause of justice (MCR 2.503(B), (D)).

• Written or Oral Request

  Unless the court allows otherwise, the request must be by motion or stipulation made in writing or orally in open court. MCR 2.503 does not require an affidavit.

• Title and Contents of the Request

  The request must state who is asking, the reason, and the number of prior adjournments. Its title must say whether it is a first or later request (MCR 2.503(B)).

• Unavailable Witness or Evidence

  The evidence must be material and diligent efforts must have been made. The motion must be made as soon as possible after the facts are ascertained (MCR 2.503(C)).

• Attorney Status Adjournment

  When a party's attorney dies, is disabled, disbarred, suspended, inactive or resigns, the court must adjourn for at least 28 days to allow a new attorney or an appearance in person (MCR 2.503(F)).

• Stipulation Still Needs a Court Order

  An adjournment may be requested by stipulation, but the court enters an order stating the reason (MCR 2.503(D)). The hearing date stands until the court rules.

• Eviction 7-Day Limit

  Except as otherwise provided by court rule, a summary proceeding is heard within 7 days after the defendant's appearance or trial date and is not adjourned beyond that time other than by stipulation of the parties either in writing or on the record (MCL 600.5735(6)).

• Order for Adjournment Form MC 309

  MC 309 is the state-approved Order for Adjournment, signed by the court. The court may also impose costs or conditions (MCR 2.503(D)).