Washington Motion for Continuance
Washington CR 40(d) requires good cause to continue a trial. Your date stands until the judge rules.
Find out where you stand in Washington
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Introduction
Washington CR 40(d) allows a trial continuance only when good cause is shown. A written motion, other than one heard ex parte, and notice of hearing must be served not later than 5 days before the hearing unless a rule or order differs (CR 6(d)).
Key Things to Know
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Washington superior court calls the request a continuance, and the rule also speaks of the court resetting the case. The rule is Superior Court Civil Rule 40(d)-(e).
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The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you the date has moved.
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CR 40(d) says a case set for trial shall be tried or dismissed unless good cause is shown for a continuance. The court may, in a proper case and upon terms, reset it. The judge decides.
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If you ask to continue a trial because evidence is absent, CR 40(e) says the motion shall only be made upon affidavit showing the materiality of the evidence and that due diligence has been used to procure it.
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For a missing witness, the affidavit must also give the witness name and address. The court may require you to state the expected evidence, and if the other side admits it, the trial shall not be continued (CR 40(e)).
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A written motion, other than one which may be heard ex parte, and notice of hearing must be served not later than 5 days before the hearing, unless the rules or a court order fix a different period (CR 6(d)). No separate continuance deadline is stated in CR 40, so ask early.
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The court may allow a continuance on terms or conditions. Check with the clerk about agreed continuances, family court, small claims, any official form and your court's local rules, because CR 40 does not address them.
Key decisions before you file
Before you file a Motion for Continuance in Washington, 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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Washington Requirements for Motion for Continuance
CR 40 Governs Continuances
Washington Superior Court Civil Rule 40(d)-(e) governs continuance of a trial. The request is called a continuance, and the court may also reset the case.
Good Cause Standard
A case set for trial shall be tried or dismissed unless good cause is shown for a continuance (CR 40(d)). The court decides each request.
Affidavit for Absent Evidence
A trial continuance based on absence of evidence shall only be sought upon affidavit showing materiality and due diligence, with the witness name and address (CR 40(e)).
Court May Require Expected Evidence
The court may require the affidavit to state the evidence expected. If the adverse party admits it, the trial shall not be continued (CR 40(e)).
Five Day Service of Written Motion
A written motion, other than one which may be heard ex parte, and notice of hearing must be served not later than 5 days before the hearing, unless the rules or a court order fix a different period (CR 6(d)).
Terms and Conditions
The court may reset a case in a proper case and upon terms (CR 40(d)), and allowance may carry terms or conditions (CR 40(e)).
Hearing Date Stands Until Court Rules
The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you the date has moved.
Requested New Timing and Other Side Position
The motion states the requested new date or period, whether the other side agrees, and the grounds as labelled alternatives.