Motion for Continuance
Motion for Continuance Generator
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Sample Motion for Continuance Generated by Legal Tank
Motion for Continuance
Good Cause Statement
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.
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
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 [____________].
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
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
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.
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.
What Is a Motion for Continuance?
A motion for continuance is a request to the court to postpone a scheduled hearing, trial, or other court proceeding to a later date. Courts have broad discretion in granting or denying continuances, and the movant must demonstrate good cause for the delay. Continuances are evaluated on a case-by-case basis, with courts balancing the requesting party's need for additional time against the opposing party's right to a timely resolution and the court's interest in managing its docket efficiently.
Common grounds for a continuance include: attorney unavailability due to a conflicting trial, medical emergency, or professional commitment; unavailability of a key witness who is essential to the case; newly discovered evidence that requires additional investigation or preparation; settlement negotiations that are actively progressing; the client's medical condition preventing attendance; substitution of counsel requiring time to prepare; and complexity of the case exceeding the time originally allocated for preparation.
Courts generally disfavor continuances because they delay justice and consume judicial resources. Many courts have adopted local rules that limit the number of continuances, require filing by a specific deadline (often 10-14 days before the scheduled proceeding), and mandate a meet-and-confer with the opposing party before filing. Some courts distinguish between stipulated continuances (both parties agree) and contested continuances (only one party requests), applying different standards to each.
The motion must be filed as soon as the need for a continuance becomes apparent. Filing at the last minute, or on the day of the hearing, significantly reduces the likelihood of the court granting the request and may result in sanctions for delay. The motion should propose specific alternative dates and demonstrate that the requesting party has been diligent in preparing for the proceeding.
Why You Need a Motion for Continuance
Your attorney has a conflicting trial or hearing scheduled in another court on the same date and cannot be in two places at once.
A critical witness is unavailable on the scheduled date due to travel, medical issues, military deployment, or other circumstances beyond your control.
You have recently changed attorneys and your new counsel needs reasonable time to review the case file, conduct necessary investigation, and prepare for the proceeding.
New evidence has been discovered that requires additional investigation, expert analysis, or deposition testimony before the case can be properly presented.
Active settlement negotiations are progressing and both parties believe a continuance will allow them to resolve the case without the expense of trial.
Key Sections in a Motion for Continuance
Case Information
The case caption, case number, the specific proceeding to be continued (hearing date, trial date, motion hearing), and the proposed new date or requested timeframe.
Good Cause Statement
A detailed explanation of the specific circumstances that necessitate the continuance, with supporting facts and any available documentation (medical notes, conflicting court orders, witness unavailability letters).
Diligence Showing
Evidence that the requesting party has been diligent in case preparation and that the need for continuance was not caused by negligence, procrastination, or lack of preparation.
Opposing Party Position
Whether the opposing party consents or objects to the continuance, and the result of any meet-and-confer regarding the request. A stipulated continuance is much more likely to be granted.
Proposed Schedule
Specific alternative dates when the parties and their attorneys are available, demonstrating willingness to proceed promptly after the continuance.
Motion for Continuance Legal Requirements
The movant must demonstrate "good cause" for the continuance. What constitutes good cause is within the court's discretion and varies by jurisdiction and the specific circumstances.
Many jurisdictions require the motion to be filed a minimum number of days before the scheduled proceeding, typically 10-14 days. Emergency motions filed closer to the date require a heightened showing.
Local rules may limit the number of continuances allowed per party or per case. Some courts automatically deny any motion for continuance beyond the second or third request.
Criminal cases are subject to speedy trial requirements under the Sixth Amendment and the Speedy Trial Act (18 U.S.C. §§ 3161-3174), which place strict limits on continuances and require specific findings for any delay.
The court must balance the requesting party's need against potential prejudice to the opposing party and the interests of justice, including the age of the case and the impact on the court's calendar.
Common Motion for Continuance Mistakes to Avoid
Filing too late, courts are far less sympathetic to last-minute requests. File as soon as the need becomes apparent, ideally 10-14 days before the scheduled proceeding.
Providing insufficient detail about the reason for the continuance. A vague statement like "counsel is unavailable" is less persuasive than a specific explanation with a conflicting court order attached as an exhibit.
Failing to confer with the opposing party before filing. Many courts require a meet-and-confer, and showing that you did not attempt to reach agreement demonstrates a lack of professionalism.
Requesting too many continuances. Courts track how many times a case has been continued and become increasingly reluctant to grant additional delays. Each successive request faces a higher standard.
Not proposing specific alternative dates. The court is more likely to grant a continuance if you provide concrete availability for rescheduling rather than an open-ended request for more time.
Frequently Asked Questions About Motion for Continuances
What is a motion for continuance?
How do I file a motion for continuance?
What are valid reasons for a continuance?
How many continuances are allowed in a case?
Does a judge have to grant a motion for continuance?
How far in advance do I need to file a motion for continuance?
What happens if a continuance is denied?
Can the opposing party object to a motion for continuance?
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