Minnesota Motion for Continuance

Introduction

Key Things to Know

1. 1

   Minnesota calls the request a continuance, and Minn. Gen. R. Prac. 122 (Continuance) is the statewide civil rule. Minn. Stat. 504B.421 uses the word postponement for tenant actions.

2. 2

   The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you it has been moved.

3. 3

   Rule 122 says a single request for a reasonable continuance of a trial set by notice without a hearing should be granted if all parties agree and the request is made within 21 days after notice of the setting. The court still rules, and a request can be denied.

4. 4

   If the trial was set by scheduling order after the court heard the parties, the court declines requests except by motion or when a judge determines an emergency exists (Rule 122). Requests other than the single agreed one must be made by motion with notice to all parties.

5. 5

   Rule 122 does not use the words good cause. The rule's own listed circumstances are the single agreed request, a request made by motion and a judge-found emergency. The court can deny a request, so explain your reason with specific facts.

6. 6

   Nondispositive motion papers must be served and filed at least 21 days before the hearing, and the parties must confer first (Rules 115.04 and 115.10). Whether that period is shortened for a continuance motion is not stated in Rule 122, so ask the court administrator.

7. 7

   In family cases, a request to continue a motion or pretrial conference must be in writing and set out the basis for the request (Rule 304.06). In tenant actions, a postponement to procure witnesses or evidence is limited to ten days unless all appearing parties consent (Minn. Stat. 504B.421).

Minnesota Requirements for Motion for Continuance

• General Rule 122 Governs Continuances

  Minn. Gen. R. Prac. 122 is the statewide continuance rule. Minnesota calls the request a continuance, and uses postponement for tenant actions in Minn. Stat. 504B.421.

• Single Agreed Continuance in 21 Days

  One reasonable continuance of a trial set by notice without hearing should be granted if all parties agree and the request is made within 21 days after notice of the setting (Rule 122). The court still rules.

• Scheduling Order Settings

  If the trial was set by scheduling order after hearing the parties, the court declines requests except by motion or when a judge finds an emergency exists (Rule 122).

• Motion With Notice to All Parties

  Requests other than the single agreed request must be by motion with notice to all parties (Rule 122). Nondispositive motion papers are due at least 21 days before the hearing, and parties must confer first (Rules 115.04, 115.10). Whether that period is shortened for a continuance motion is not stated in Rule 122.

• Family Case Written Request

  A request to continue a motion or pretrial conference in a family case must be in writing and set forth its basis (Rule 304.06). Rule 122 governs trial continuances unless the court directs otherwise.

• Attorney Personal Leave Continuance

  Rule 18 provides a personal leave continuance of up to 90 days for attorney health, birth or adoption, care of a family member with a serious health condition, or the death of a family or household member, by attorney declaration. It excludes summary eviction cases, orders for protection and harassment restraining orders.

• Tenant Action Postponement Limit

  In tenant actions, postponement to procure necessary witnesses or evidence is limited to ten days unless all appearing parties consent (Minn. Stat. 504B.421).

• Eviction Security Cap

  The court may not require payment, bond or security before final disposition of an eviction, unless disposition may be delayed more than ten days; then security may not exceed one period's rent accruing during the action (Minn. Stat. 504B.335(e)). The hearing date stands until the court rules.