How Do I File a Motion For Continuance?
A motion for continuance may be used to request an extension of time from the court, such as to file a responsive pleading. In the body of the motion, the facts are succinctly stated, such as the date the action was filed, the currently scheduled date of the hearing, and the reason for requesting additional time, such as the need to obtain legal representation. The motion may state the reason for the inability to obtain counsel, such as absence from the jurisdiction, and that the motion is not being made for purposes of delay, but to prevent injustice. There is no limitation on the time extension that may be requested, the court may reset the date according to the next available date in the court's calendar. However, the motion for continuance may state that the party is unavailable due to being out of town, in the hospital, etc. until a certain date.
We suggest calling the clerk of courts for the proper number of copies required and applicable fees. A certificate of service is attached to prove that the documents were served on the other parties.
The court may deny the motion, for example, if it finds the failure to obtain counsel is due to unreasonable delay, lack of diligence, or neglect on behalf of the moving party. If the opposing attorney is contacted, he or she may agree to a stipulation for continuance, which may make it more favorable for a judge to grant the motion.
Please see the links to the forms below, which can be modified in Word to suit your needs. We can assist you with searching to locate forms or we can draft or add forms you may need to our database. However, we cannot advise you to use one particular form over another. We can show you what is available. Please see the forms at the link below to see if the forms meet your needs. You may order the form online or by phone by calling Toll Free: 1-(877) 389-0141 between 8:30am and 5:00pm Central Time Zone Monday – Friday.