How to Ask the Court to Postpone Your Hearing

Understanding a Request for Continuance

A request for continuance is a formal way to ask the court to postpone a scheduled court date, such as a hearing or trial, to a later date. Courts often call this a motion for continuance or simply a continuance request.

If you are not ready on the date the court has set, you cannot just stay home. You must ask the judge for permission to move the date, and the judge decides whether to grant or deny your request.

• You should ask as early as possible after you learn you need a new date.
• The court may grant or deny your request; there is no guarantee you will get a new date.
• Rules about continuances can differ by state and court, so always check your local rules or talk to a lawyer.

Common Reasons People Ask for a Continuance

Court rules usually require that you show a good reason, often called “good cause,” for needing more time. Examples of reasons courts may consider include:

• You need time to find a lawyer. Courts often see this as a legitimate reason, especially if it is your first request and you can show attempts to get legal help (names of attorneys contacted, appointments scheduled, etc.).
• A key witness or party cannot attend on the scheduled date due to illness, travel problems, or other serious conflicts beyond your control.
• You recently received important documents or information and reasonably need more time to review and respond to them.
• Unexpected emergencies, such as serious illness, hospitalization, or a family crisis supported by documentation.
• Interpreter or disability accommodation issues that make it impossible to move forward on the scheduled date without violating access requirements.

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The judge will balance your reason against the need to move cases along efficiently and fairly for everyone involved.

When to Ask for a Continuance

Timing is critical. Many courts require that written requests be filed a certain number of days before the hearing.

Ways to Ask: Written, Oral, or by Agreement

Courts use different procedures, but most requests for continuance fall into three categories.

1. Written Motion for Continuance

Many courts require you to file a written motion for continuance before they will move your court date, especially for trials.

A written motion usually includes:

• The case name and number.
• The date and type of hearing you want to postpone.
• A short, clear explanation of why you need a continuance.
• How much extra time you are asking for or proposed new dates.
• A statement that you have notified, or will notify, the other side.

Some courts provide official forms for motions for continuance and matching proposed orders that the judge can sign if your request is granted.

2. Oral Request in Court

In some places you may ask for a continuance in person in the courtroom, especially for short or simple matters.

• You normally wait until your case is called and then respectfully tell the judge you are asking for a continuance.
• You must be ready to explain your reason out loud and, if possible, show proof.
• The judge may decide immediately to grant or deny your request.

3. Agreed Continuance

If both sides agree to move the court date, the judge is often more willing to grant a continuance.

• Contact the other side (or their lawyer) as early as possible and ask whether they will agree.
• Many courts have a special “agreed motion” form or require the other side’s signature to show they consent.
• Even with an agreement, only the judge can officially change the date.

Basic Steps to Request a Continuance

Exact steps vary by court, but the process usually follows a similar pattern.

Step 1: Check Local Rules and Forms

• Visit the court’s website or clerk’s office to find any continuance forms and written instructions.
• Confirm filing deadlines, how to schedule a hearing on your motion, and rules for notifying the other side.
• If possible, get brief legal advice from a local legal aid office or lawyer.

Step 2: Fill Out the Motion for Continuance

When completing a motion form or drafting your own, be clear and specific.

• Use blue or black ink if filing paper forms, and write neatly.
• Include your contact information and the best phone number or email for court staff to reach you.
• Describe your reason for asking for a continuance in a few short sentences, focusing on the key facts.
• Attach supporting documents, such as medical notes, travel records, or correspondence with attorneys, if available.

Step 3: Prepare a Proposed Order

Many courts require you to submit a proposed order for continuance along with your motion.

• The proposed order is a document the judge can sign to officially change the date.
• You usually leave the date, judge’s signature line, and final decision area blank for the judge to complete.
• Check that the case number and parties’ names match the motion exactly.

Step 4: File the Motion with the Court

After you complete your forms:

• Take the originals to the clerk of court in the courthouse where your case was filed, or e-file them if your court uses electronic filing.
• Ask the clerk to file-stamp your copies to show the date and time of filing.
• Keep a copy of everything you file for your records.

Step 5: Serve the Other Side

Courts usually require you to provide the other party with a copy of the motion and any notice of hearing.

• Common service methods include:

• First-class mail.
• Certified mail with return receipt requested.
• Email, fax, or commercial delivery, if permitted by your local rules.
• Personal delivery by you or another adult, where allowed.

After service, complete any required certificate of service on your motion, stating when and how you sent the documents.

Step 6: Schedule and Attend the Continuance Hearing (If Required)

Some courts decide continuance motions only by reading the paperwork; others require a short hearing.

• Ask the clerk how to schedule a hearing on your motion, if one is needed.
• Notify the other side of the hearing date and time using the method your court requires.
• Arrive early for the hearing and bring:

• Copies of your motion and any evidence supporting your request.
• Proof that you served the other side.
• A proposed order for the judge to sign.

Be ready to explain, briefly and respectfully, why you need a continuance and how much extra time you are requesting.

How Judges Decide Continuance Requests

Judges have broad discretion to grant or deny continuances. In deciding, they may consider:

• How many continuances have already been granted. Repeated delays are less likely to be approved.
• The reason for the request. Legitimate emergencies and first-time requests are more likely to be granted than last-minute or vague excuses.
• Whether the other side agrees or objects. An agreed continuance often carries more weight, but is not automatic.
• Impact on witnesses, court schedules, and public interest. Criminal cases and time-sensitive matters may be harder to postpone.
• Whether denying the continuance would be unfair. For example, if you had no reasonable time to get a lawyer or respond to new evidence.

Even strong reasons do not guarantee a continuance; the written rules and the judge’s judgment both matter.

Practical Tips for a Strong Request

• Act quickly. Judges are more skeptical of last-minute requests, especially when you knew about the conflict earlier.
• Be honest and specific. Do not exaggerate; explain clearly and concisely what is preventing you from going forward on the scheduled date.
• Show your efforts. If you need time to find a lawyer, list lawyers you have contacted and any upcoming appointments.
• Bring documentation. Medical notes, travel records, notices from employers, or proof of attempts to obtain counsel can make your request more persuasive.
• Stay respectful. Judges are more likely to grant relief to litigants who are polite, prepared, and follow instructions.

What Happens After the Judge Decides

If the Continuance Is Granted

• The judge will either announce the new date in court or sign an order that lists the new date.
• Ask the clerk whether you will receive a copy of the order automatically or if you must pick it up and file it yourself.
• Make sure you understand the new court date, time, and location and immediately write it down.
• Confirm whether you must send a copy of the signed order to the other side; in some courts, the clerk or electronic filing system handles this.

If the Continuance Is Denied

• You must be prepared to go forward with the hearing or trial at the scheduled time.
• If you cannot attend, the court may hold the hearing without you or take actions such as entering a judgment or issuing a warrant in some types of cases.
• If you believe the denial was seriously unfair, consult a lawyer immediately to discuss any possible options.

Continuances in Different Types of Cases

Although the basic idea of a continuance is the same, details can vary by case type.

• Civil cases (such as family law, housing, or small claims): Often have written forms and clearer procedures for self-represented people.
• Criminal cases: Continuances may be harder to obtain because of speedy trial rules and the interests of victims and the public. Courts may require input from the prosecutor’s office before a continuance is granted.
• Emergency or protection order cases: Courts sometimes grant short continuances while keeping temporary protections in place, but time limits may be strict.

Because rules differ, always read the instructions from your court carefully and, if you can, ask a local attorney or legal aid program for guidance.

Frequently Asked Questions (FAQs)

Q: Can I ignore my court date if I filed a motion for continuance?

No. You must still appear on the scheduled date unless you receive clear notice from the court that your continuance has been granted and a new date has been set.

Q: How many times can I ask for a continuance?

There is usually no fixed number in the rules, but the more times you ask, the less likely the judge is to grant future requests, especially without a very strong reason.

Q: Do I need a lawyer to request a continuance?

You do not always need a lawyer, but court procedures can be complex. Many legal aid organizations and court self-help centers provide forms and limited guidance for self-represented people.

Q: What if the other side refuses to agree?

You can still file a motion for continuance without their agreement. The judge will consider both sides’ positions and make a decision.

Q: Will the judge punish me for asking for a continuance?

Courts expect parties to ask for more time when they have a genuine need. Problems usually arise only if requests are repeated, last-minute, or appear to be made in bad faith.

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Medha Deb is an editor with a master's degree in Applied Linguistics from the University of Hyderabad. She believes that her qualification has helped her develop a deep understanding of language and its application in various contexts.

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