Virginia Motion for Continuance

Q: What law governs a motion for continuance in Virginia?

The dedicated statute is Va. Code 30-5, which gives a continuance as a matter of right for legislative service. Virginia calls the request a continuance. No general civil continuance rule is covered here, so ask the clerk of your court what it expects.

Q: What are acceptable reasons for a continuance in Virginia civil court?

Va. Code 30-5 names legislative service of a party or retained attorney, and Va. Code 8.01-6.1 lets the court grant a continuance when it allows a pleading amendment. For other reasons, no general standard is covered here. The judge decides, and a continuance is never guaranteed.

Q: Does a Virginia motion for continuance need an affidavit?

No general affidavit requirement is covered here. A sworn statement can still help the judge see your facts, but check with the clerk whether your court wants one.

Q: Does a Virginia motion for continuance have to be in writing?

Va. Code 30-5 requires a written request, filed at least 3 days before the first day sought, for a reconvened or veto session or a legislative commission meeting. No general writing rule is covered here, so a written motion is the safer course.

Q: How far ahead do I have to file a motion for continuance in Virginia?

For the reconvened or veto session and commission meeting situations, Va. Code 30-5 says at least 3 days before the first day sought. No general deadline is covered here, so file as soon as you know you need more time.

Q: Can the other side and I agree to a continuance in Virginia?

You can ask the other side and say so in your motion. No Virginia rule on agreed continuances is covered here, so assume the court must still order the new date. Until it does, the original date stands.

Q: Do I still have to go to my Virginia hearing if I filed a motion for continuance?

Yes, unless the court has granted the motion and told you the date moved. Filing a motion does not postpone anything.

Q: What are reasons for a continuance in Virginia family court?

Continuance rules for juvenile and domestic relations courts are not covered here. Ask the clerk of your JDR court about its process and any local form, and state your specific reason and dates in a written motion.

Q: Are there special continuance rules for Virginia eviction or small claims cases?

For eviction, Va. Code 8.01-128 sets a court continuance of up to 120 days for final rent and damages on the plaintiff's request, with notice mailed at least 15 days before the continuance date. If a tenant presents a redemption tender at the first return date, Va. Code 55.1-1250 continues the case 10 days for payment, then dismisses on payment. Small claims rules are not covered here.

Q: Is there an official Virginia motion for continuance form or template?

No statewide official form is covered here. Ask your clerk whether your court uses a form.

Va. Code 30-5 covers legislative continuances. Your date stands until the court rules.

Find out where you stand in Virginia

What kind of case is the hearing in?

DocDraft provides document preparation, not legal advice.

Introduction

Virginia calls it a continuance. Va. Code 30-5 gives one as of right for legislative service; a veto or reconvened session or commission meeting needs a written request filed at least 3 days before the first day sought. Other requests are for the judge.

Key Things to Know

1
Virginia uses the term continuance. The dedicated continuance statute is Va. Code 30-5, which covers legislative service. No general civil continuance rule with a stated standard such as good cause is covered here.
2
The hearing or trial date stands until the court grants a continuance. Attend unless the court tells you the date has moved.
3
Under Va. Code 30-5, a party who is an officer, employee, or member or member-elect of the General Assembly, or an employee of the Division of Legislative Services, or who has retained an attorney who is, is entitled to a continuance as a matter of right from 30 days before the session starts to 30 days after it adjourns.
4
For a reconvened or veto session, or a legislative commission meeting, Va. Code 30-5 requires a written request filed with the court at least 3 days before the first day for which the continuance is sought.
5
Va. Code 8.01-6.1 lets the trial court grant a continuance when it allows a pleading to be amended. The court decides whether one is needed.
6
No general rule on whether a motion must be written or sworn is covered here, and no rule on agreed continuances. A written motion that tells the other side is the safer course, and the court still has to order any new date.
7
Eviction cases have their own court-set continuances: Va. Code 8.01-128 (up to 120 days for final rent and damages, set on the plaintiff's request) and Va. Code 55.1-1250 (10 days for payment when a tenant presents a redemption tender at the first return date). Neither is a tenant's request for more time.

Key decisions before you file

Before you file a Motion for Continuance in Virginia, a few decisions shape the document: which option to choose and what each one means. The Motion for Continuance guide walks through them.

Open the Motion for Continuance guide

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COMMONWEALTH OF VIRGINIA IN THE [CIRCUIT OR GENERAL DISTRICT OR JUVENILE AND DOMESTIC RELATIONS DISTRICT] COURT OF [COUNTY OR CITY]

[PLAINTIFF OR PETITIONER NAME], Plaintiff/Petitioner,

v. Case No. [CASE NUMBER]

[DEFENDANT OR RESPONDENT NAME], Hearing/Trial Date: [DATE AND TIME] Defendant/Respondent. Judge: [JUDGE OR COURTROOM]

MOTION FOR CONTINUANCE

[YOUR NAME], [PLAINTIFF, DEFENDANT, PETITIONER OR RESPONDENT], [SELF-REPRESENTED OR BY COUNSEL, NAME], moves the Court for a continuance of the [HEARING OR TRIAL] now set for [DATE AND TIME]. In support, the movant states:

This case is pending in the above court. The [HEARING OR TRIAL] is set for [DATE AND TIME]. This is the [FIRST OR NUMBER] request for a continuance by the movant.
GROUNDS:

[IF APPLICABLE: GROUND A, LEGISLATIVE SERVICE (Va. Code 30-5): [PARTY OR RETAINED ATTORNEY NAME] is an officer, employee, or member or member-elect of the General Assembly, or an employee of the Division of Legislative Services. The date set falls within the period beginning 30 days before the session starts and ending 30 days after it adjourns.]

[IF APPLICABLE: GROUND B, RECONVENED OR VETO SESSION OR LEGISLATIVE COMMISSION MEETING (Va. Code 30-5): [PARTY OR RETAINED ATTORNEY NAME] is an officer, employee, or member or member-elect of the General Assembly, or an employee of the Division of Legislative Services. The continuance is sought for [RECONVENED SESSION, VETO SESSION OR LEGISLATIVE COMMISSION MEETING] on [DATE]. This written request is filed at least three days before the first day for which a continuance is sought.]

[IF APPLICABLE: GROUND C, AMENDMENT OF PLEADING (Va. Code 8.01-6.1): The Court allowed an amendment to a pleading on [DATE], and the movant asks for a continuance because [HOW THE AMENDMENT AFFECTS PREPARATION].]

[IF APPLICABLE: GROUND D, OTHER REASON: The movant asks the Court to exercise its discretion to continue the matter because [SPECIFIC REASON, WITH DATES AND FACTS]. The movant has tried to avoid this need by [STEPS TAKEN].]

REQUESTED NEW TIMING: The movant asks that the matter be continued to [REQUESTED DATE OR TIME PERIOD, OR A DATE CONVENIENT TO THE COURT].
POSITION OF OTHER SIDE: The movant contacted [OTHER SIDE NAME OR COUNSEL] on [DATE]. The other side [CONSENTS, DOES NOT CONSENT, OR HAS NOT RESPONDED].
This motion is made in good faith and not only for the purpose of delay.

WHEREFORE, the movant asks that the Court continue the [HEARING OR TRIAL] to the date stated above, and grant any other relief the Court finds just.

Dated: [DATE]

Respectfully submitted,

[YOUR NAME] [ADDRESS] [PHONE] / [EMAIL]

[IF APPLICABLE: SWORN STATEMENT I, [AFFIANT NAME], state under oath that the facts in this motion are true to the best of my knowledge. ______________________________ Date: [DATE]]

CERTIFICATE OF SERVICE I certify that on [DATE] I sent a copy of this motion to [OTHER SIDE NAME OR COUNSEL] at [ADDRESS OR EMAIL] by [METHOD OF SERVICE].

[YOUR NAME]

Virginia Requirements for Motion for Continuance

Va. Code 30-5 Legislative Continuance
Virginia calls the request a continuance. Va. Code 30-5 entitles a party who is an officer, employee, or member or member-elect of the General Assembly, or an employee of the Division of Legislative Services, or whose retained attorney is one, to a continuance as a matter of right around the General Assembly session.
Legislative Session Window
The right to a continuance under Va. Code 30-5 runs from 30 days before the session starts to 30 days after it adjourns. Pleadings or acts due in that window are extended to at least 30 days after the session.
Written Request 3 Days Ahead
For a reconvened or veto session or legislative commission meeting, Va. Code 30-5 requires a written request filed with the court at least 3 days before the first day sought.
Continuance After Pleading Amendment
Va. Code 8.01-6.1 lets the trial court grant a continuance when it allows a pleading to be amended. The court decides.
Eviction Continuance for Rent and Damages
Under Va. Code 8.01-128, on the plaintiff's request at the first unlawful detainer hearing the court sets a continuance within 120 days to decide final rent and damages. The plaintiff mails notice at least 15 days before the continuance date.
Eviction Redemption Tender Continuance
Under Va. Code 55.1-1250, if a tenant presents a redemption tender at the first return date, the court continues the action 10 days for payment, then dismisses on payment.
Hearing Date Stands Until Granted
The hearing or trial stays on the calendar until the court grants the continuance and the movant should attend unless told the date has moved.
Position of Other Side
The motion states whether the other side consents. No Virginia rule on agreed continuances is covered here, so the court still orders any new date.

Frequently Asked Questions

What law governs a motion for continuance in Virginia?

What are acceptable reasons for a continuance in Virginia civil court?

Does a Virginia motion for continuance need an affidavit?

Does a Virginia motion for continuance have to be in writing?

How far ahead do I have to file a motion for continuance in Virginia?

Can the other side and I agree to a continuance in Virginia?

Do I still have to go to my Virginia hearing if I filed a motion for continuance?

What are reasons for a continuance in Virginia family court?

Are there special continuance rules for Virginia eviction or small claims cases?

Is there an official Virginia motion for continuance form or template?

Find out where you stand in Virginia

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Continuance Template with DocDraft

Virginia Requirements for Motion for Continuance

Va. Code 30-5 Legislative Continuance

Legislative Session Window

Written Request 3 Days Ahead

Continuance After Pleading Amendment

Eviction Continuance for Rent and Damages

Eviction Redemption Tender Continuance

Hearing Date Stands Until Granted

Position of Other Side

Frequently Asked Questions