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Motion for Continuance Template – Free Download 2026

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When Do You Need a Motion for Continuance?

A scheduled court hearing, trial date, or deadline is approaching and you need more time due to a scheduling conflict, medical emergency, need for additional discovery, or the unavailability of a key witness.

Your attorney has recently withdrawn from your case and you need time to retain new counsel before the next scheduled proceeding, which courts generally recognize as good cause for a continuance.

Critical evidence or a key witness is unavailable for the scheduled trial date and the evidence or testimony is material to your case — a continuance prevents unfair prejudice from the absence.

You have not had adequate time to prepare for trial or a hearing because of a recent development in the case, such as new claims added by an amended complaint or unexpected expert witness disclosures.

📋 Practice Note: Most courts require that you confer with opposing counsel before filing a motion for continuance and state in the motion whether opposing counsel consents or objects. An agreed/stipulated continuance (where both sides consent) is almost always granted. A contested continuance requires a stronger showing of good cause.

⚠ Warning: Courts have broad discretion to deny continuance requests, especially if you have a pattern of requesting delays, waited too long to file the request, or cannot show concrete prejudice from proceeding as scheduled. File the motion as early as possible — last-minute requests are disfavored and signal inadequate preparation.

What Should a Motion for Continuance Include?

Case Caption and Current Hearing Date

The full case caption with court name, case number, and a specific reference to the hearing, trial date, or deadline you are asking to postpone, including the currently scheduled date.

Grounds for Continuance

A detailed, factual explanation of why a continuance is necessary: scheduling conflict (with supporting details), witness unavailability, need for additional discovery, attorney withdrawal, medical emergency, or other good cause. Be specific — courts are more receptive to concrete facts than vague assertions.

Opposing Counsel Position

A statement indicating whether opposing counsel consents to or opposes the continuance. If you attempted to obtain consent and were unable to reach opposing counsel, note that as well.

Proposed New Date

A specific proposed new date or range of dates when you are available and the matter can be rescheduled. Check the court's scheduling order and propose a realistic date.

Statement of Prejudice

An explanation of the prejudice or harm you would suffer if the continuance is denied — inability to present key evidence, inadequate trial preparation, denial of counsel of choice.

Legal Details: Key Clauses in a Motion for Continuance

Review the standard legal provisions included in a professional motion for continuance. Each section below contains clause language used in attorney-verified templates.

Good Cause Statement
1.1

Defendant/Plaintiff [____________] respectfully moves this Court, pursuant to [Rule ___] of the [Federal/State] Rules of Civil Procedure and the Court's inherent authority to manage its docket, for a continuance of the [trial / hearing / deposition / pretrial conference] currently scheduled for [____________]. Good cause exists for the requested continuance for the reasons set forth herein. This Motion is supported by the accompanying Memorandum of Law, the Declaration of [____________], and all pleadings and papers of record.

1.2

Counsel for the moving party [was retained / was recently substituted] on [____________] and requires additional time to review the full record, conduct necessary factual investigation, retain and prepare expert witnesses, and complete outstanding discovery. The complexity of the claims and volume of documentary evidence in this matter are such that the [trial / hearing] cannot be adequately prepared within the current schedule without substantial prejudice to the moving party's ability to present its case. The interests of justice and due process require that counsel be afforded a reasonable opportunity to prepare.

Prejudice Analysis
2.1

The moving party will suffer substantial and irreparable prejudice if the continuance is denied. Specifically: (a) [key witness] is unavailable on the scheduled date due to [medical circumstances / pre-existing international travel / military deployment / other unavoidable conflict], and his or her testimony is indispensable to the moving party's case; (b) critical documentary evidence subpoenaed from [third party] has not yet been produced, and the return date on the outstanding subpoena is [____________]; and (c) the moving party's designated expert requires additional time to complete an analysis essential to rebutting [opposing party's] expert report served on [____________].

2.2

A continuance will not materially prejudice the opposing party. This action has been pending for [____________] months, and the continuance request is for a period of only [____________] days/weeks. The opposing party will have ample time to complete its own trial preparations. By contrast, denial of the continuance would effectively foreclose the moving party's ability to present a full and fair defense/case, implicating fundamental due process concerns under the [Fifth/Fourteenth] Amendment.

Prior History of Continuances
3.1

This is the [first / second] request for a continuance by the moving party. [No prior continuances have been granted in this matter / The Court previously granted a continuance of [____] days on [____________] at the request of [____________] for the reason of [____________].] The moving party has not engaged in dilatory tactics and has prosecuted/defended this action diligently. The current request is made in good faith and not for purposes of delay, harassment, or tactical advantage.

Proposed Schedule
4.1

The moving party proposes the following revised schedule: (a) completion of all fact discovery by [____________]; (b) designation of expert witnesses and service of expert reports by [____________]; (c) completion of expert depositions by [____________]; (d) filing of dispositive motions by [____________]; (e) pretrial conference on [____________]; and (f) trial commencing on [____________] or at the Court's earliest convenience thereafter. The proposed schedule provides sufficient time for both parties to complete trial preparations while minimizing delay to the ultimate resolution of this action.

4.2

WHEREFORE, the moving party respectfully requests that this Court: (a) grant this Motion for Continuance; (b) vacate the current [trial / hearing / conference] date of [____________]; (c) reset the [trial / hearing / conference] to [____________] or to a date convenient for the Court's calendar; and (d) enter the revised pretrial schedule proposed herein or such other schedule as the Court deems appropriate. A proposed Order granting this Motion is submitted herewith.

Signature Requirements

Check Local Court Rules

Court filings may require wet ink or e-filing system signatures. Check your jurisdiction's e-filing rules.

Many courts now accept e-filed motions with electronic signatures. Check your court's e-filing system and local rules for signature requirements.

How to Fill Out a Motion for Continuance

1

Contact Opposing Counsel First

Call or email opposing counsel before filing to request consent. An agreed motion is far more likely to be granted. Note the date, time, and outcome of your communication in the motion.

2

Document the Good Cause

Gather documentation supporting your grounds: a doctor's note for a medical emergency, a conflicting court order for a scheduling conflict, written notice of attorney withdrawal, or a discovery request showing what information is still needed.

3

File the Motion Early

File the motion as soon as you know a continuance will be needed. Filing close to the hearing date signals lack of diligence and courts will hold this against you.

4

Attach Supporting Documentation

Attach any exhibits that support your grounds: conflicting calendar entries, medical records (redacted as needed), the attorney's withdrawal order, or the unavailable witness's schedule.

5

Follow Local Rules

Some courts require that continuance requests be submitted in a specific format, filed with the clerk, or sent directly to the judge's chambers. Check the court's local rules and any standing orders.

Motion for Continuance Requirements by State

Motion for Continuance laws and requirements differ across states. Key variations include specific language requirements, notarization mandates, witness requirements, filing deadlines, and enforceability standards. Our templates incorporate state-specific provisions when you select your jurisdiction.

For the most comprehensive state-specific version, use our AI generator which automatically applies your state's legal requirements.

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Motion for Continuance Template FAQ

What is a good reason to ask for a continuance?
Courts recognize several categories of good cause for a continuance: (1) witness unavailability — a material witness is unavailable on the scheduled date and their testimony is essential; (2) attorney conflict or withdrawal — your attorney has a conflicting trial or has recently withdrawn, leaving inadequate time to retain new counsel; (3) medical emergency — a party or essential witness has a documented medical condition preventing attendance; (4) incomplete discovery — critical evidence has not been produced despite timely requests and the information is necessary for trial preparation; (5) recent amendment of pleadings — new claims or defenses have been added that require additional preparation time. Vague claims of "needing more time" without specific supporting facts are routinely denied.
How do I write a motion for continuance?
A motion for continuance should include: (1) a case caption identifying the court, case number, and parties; (2) a statement of the current hearing date and what is scheduled; (3) the specific grounds for the continuance with supporting facts; (4) the opposing party's position (consent or objection); (5) a proposed new date; and (6) a statement of the prejudice you would suffer if the request is denied. Attach supporting exhibits (medical records, conflicting court orders, correspondence). Sign and date the motion, certify service on all parties, and file according to the court's local rules. Many courts have fill-in forms for continuance requests — check the court's website first.
Can the judge deny a motion for continuance?
Yes. Judges have broad discretion to grant or deny continuance requests, and appellate courts rarely overturn these decisions (the standard is "abuse of discretion"). Factors courts weigh: whether the requesting party acted diligently, whether the reason is compelling and documented, how long the case has been pending, the inconvenience to witnesses and opposing parties, and the number of prior continuances granted. Requests filed days before a scheduled hearing are disfavored. If your motion is denied, you should still appear at the hearing — failing to appear after a denied continuance can result in a default judgment or dismissal of your claims.
What is a stipulated continuance?
A stipulated continuance (also called an agreed continuance) is a request that both parties jointly submit, asking the court to reschedule a hearing or deadline. Because both sides consent, the court almost always grants it without requiring a showing of good cause. The parties typically sign a written stipulation, file it with the court, and submit a proposed order. Stipulated continuances are faster and less burdensome than contested motions. If you need a continuance, always try to reach an agreement with opposing counsel first — it saves time, avoids judicial scrutiny, and preserves professional relationships.

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