Vermont Motion for Continuance

Introduction

Key Things to Know

1. 1

   Vermont uses the term continuance, and V.R.C.P. 40 (Calendar; Assignment; Continuances; Disqualification) is the civil rule. The Judiciary self-help page also calls it a motion to continue, meaning to postpone or reschedule.

2. 2

   The hearing or trial date stands until the court grants the continuance. If the court has not decided by your court date, attend.

3. 3

   Rule 40 says the court may continue the action on such conditions as to costs and other matters as may be fair and equitable. The court decides, and a grant is never certain.

4. 4

   After the second day of the term, ordinarily the only grounds are sickness of counsel or parties, the unavoidable absence of a material witness or evidence, or Administrative Judge rulings on conflicting appointments of trial attorneys (V.R.C.P. 40(c)(2)).

5. 5

   The motion must be accompanied by an affidavit, or a certificate of a party's attorney subject to Rule 11, stating the reason and when it was first known (V.R.C.P. 40(d)(1)). Claimed illness of a witness needs an affidavit of a reputable physician.

6. 6

   File no later than the opening of court on the second day of the term in which the action is in order for trial. If the ground was not then known, file as soon as practicable after it becomes known (V.R.C.P. 40(c)(2)). The Judiciary advises filing well ahead of the date.

7. 7

   Counsel's engagement in other trial courts is not a continuance as of right (V.R.C.P. 40(d)(4)). Say in writing whether the other side agrees, because the Judiciary says to explain why and whether the other party agrees.

Vermont Requirements for Motion for Continuance

• V.R.C.P. 40 Civil Continuance Rule

  Vermont Rule of Civil Procedure 40 (Calendar; Assignment; Continuances; Disqualification) is the civil rule. The court may continue the action on such conditions as to costs and other matters as may be fair and equitable.

• Affidavit or Attorney Certificate

  The motion must be accompanied by an affidavit, or a certificate of a party's attorney subject to Rule 11, stating the reason and when it was first known (V.R.C.P. 40(d)(1)).

• Grounds After Second Day of Term

  Ordinarily the only grounds after the second day of the term are sickness of counsel or parties, unavoidable absence of a material witness or evidence, or Administrative Judge rulings on conflicting trial-attorney appointments (V.R.C.P. 40(c)(2)).

• Second Day of Term Deadline

  File no later than the opening of court on the second day of the term in which the action is in order for trial; if the ground was not then known, as soon as practicable after it becomes known (V.R.C.P. 40(c)(2)).

• Absent Witness Showing

  An absent-witness motion states the witness's name and residence, expected testimony, and the measures taken to procure attendance or a deposition. A physician's affidavit is required for claimed witness illness (V.R.C.P. 40(d)).

• Agreed Continuance Notice

  Cases may be continued by agreement of the parties, but the court still acts on the request. A top-20 trial-list or specially assigned case needs notice to the clerk 24 hours before trial and a trial date under one year from entry (V.R.C.P. 40(c)(1)).

• Opposition Within 14 Days

  Per the Vermont Judiciary, an opposition to a request to reschedule must be filed within 14 days of being served with the motion.

• Official Continuance Forms

  Form 600-00418 (Stipulation/Motion for Continuance) and Family Division Form 400-00842 (Motion to Continue Court Hearing) are listed by the Vermont Judiciary. The Judiciary says the request must be in writing, explain why, and say whether the other party agrees.