Oklahoma Motion for Continuance
Oklahoma courts may continue a case for good cause shown; an evidence ground needs an affidavit.
Find out where you stand in Oklahoma
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Introduction
Under 12 O.S. 667, an Oklahoma court may, for good cause shown, continue an action at any stage on just terms. A continuance for absent evidence can be made only on affidavit (12 O.S. 668). No deadline is stated on this page, so file early.
Key Things to Know
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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.
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Oklahoma uses the term continuance (12 O.S. 667). The court may continue an action at any stage of the proceedings, on terms as may be just.
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The standard is good cause shown (12 O.S. 667). Apart from the mandatory legislative continuance, the court decides whether to grant it.
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If the continuance is for absence of evidence or a witness, the motion can be made only on affidavit showing the materiality of the evidence and that due diligence was used to obtain it (12 O.S. 668).
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The other side can defeat an absent-evidence request by consenting that the affidavit facts be read as a deposition, in which case no continuance is granted on that ground (12 O.S. 668).
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A continuance is mandatory, not discretionary, if a party or attorney of record is a member of the Legislature in session or within 30 days after adjournment (12 O.S. 667). For a legislator-lawyer, Rule 24 of the Rules for District Courts adds conditions, including a timely written motion served on counsel.
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This page does not state a filing deadline, an agreed-continuance rule, or continuance rules for eviction, family or small claims cases. Ask the court clerk what applies to your case.
Key decisions before you file
Before you file a Motion for Continuance in Oklahoma, 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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Oklahoma Requirements for Motion for Continuance
Good Cause Standard
The court may, for good cause shown, continue an action at any stage of the proceedings upon terms as may be just (12 O.S. 667).
Mandatory Legislative Continuance
A continuance is mandatory when a party or attorney of record is a Legislature member in session or within 30 days after adjournment (12 O.S. 667).
Affidavit for Absent Evidence
A motion for continuance on account of the absence of evidence can be made only upon affidavit showing materiality and due diligence (12 O.S. 668).
Where the Evidence May Be Found
The affidavit for absent evidence also shows where the evidence may be found (12 O.S. 668).
Consent to Affidavit as Deposition
If the adverse party consents that the affidavit facts be read as a deposition, no continuance is granted on the ground of absence of that evidence (12 O.S. 668).
Rule 24 Legislative Motion Conditions
Rule 24 of the Rules for District Courts requires a timely written motion served on counsel, notice to the judge, and a bona fide client for a legislator-lawyer continuance.
Terms as May Be Just
A continuance may be granted at any stage of the proceedings, on terms as may be just (12 O.S. 667).