To file a motion for continuance, you submit a short written request to the court asking that a scheduled hearing or trial be moved to a later date, serve a copy on every other party, and back the request with a specific good-cause reason and supporting documentation. Judges do not grant these automatically. The three things that decide most requests are how early you file, how concrete your reason is, and whether the other side objects.
Reasons a Court Will Accept
Courts apply a “good cause” standard. Under the Federal Rules of Civil Procedure, a judge may extend a deadline for good cause when the request is made before the original deadline expires, and may extend it after the deadline only if the delay resulted from excusable neglect. 1Legal Information Institute (LII). Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers State courts follow similar principles under their own rules and terminology.
Reasons judges routinely accept:
- A medical emergency affecting you, your attorney, or a key witness.
- Newly discovered evidence or witnesses that need time to investigate.
- A scheduling conflict requiring your attorney to appear in another courtroom on the same date.
- A recent change of counsel, where new representation needs time to prepare.
- The death of a close family member or a family medical crisis.
What does not work is asking for more time because you did not prepare. Judges distinguish between circumstances outside your control and delays caused by procrastination. Vague statements like “I need more time,” with no explanation of what changed, tend to be denied on their face.
When to File
File as soon as you know you need a continuance. In federal civil cases, a written motion and notice of hearing must be served at least 14 days before the hearing date. 1Legal Information Institute (LII). Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers Many state courts impose similar advance-filing requirements, and some set the bar at 21 or 30 days.
Check your court’s local rules and the scheduling order in your case for the specific deadline. If nothing in the rules addresses continuance timing, the general motion-filing deadline applies. When in doubt, call the clerk’s office and ask how far in advance the judge expects the motion.
Emergencies and Late Requests
If the need for a continuance arises suddenly, you can still request one, but the standard is harder to meet. A judge may shorten the normal notice period for good cause, and some courts will hear a genuine emergency request the day of the hearing. 1Legal Information Institute (LII). Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers For late requests, bring strong written documentation. A verbal explanation alone rarely persuades a judge to postpone proceedings that everyone else showed up for.
What the Motion Must Contain
The motion is a short legal document, not a letter. Many courts provide a fill-in-the-blank form through the clerk’s office or the court website. If your court does not, draft the motion using the same caption format as other filings in your case. Either way, include:
- The case caption: full case name, case number, and court name exactly as they appear on other documents in the file.
- The current hearing date, time, and type of proceeding you want rescheduled.
- A specific reason you cannot proceed on the scheduled date. Concrete beats general every time.
- Supporting documentation. A doctor’s note, a death certificate, proof of a conflicting court appearance, or a letter from new counsel showing when they were retained all strengthen the request.
- The other side’s position. State whether you contacted opposing counsel or the opposing party and whether they agree, object, or could not be reached.
- Any prior continuances in the case, and which side received them. Judges track this, and omitting it damages your credibility.
- A proposed new date, or a request that the court set one. Suggesting a date shows you are not asking for open-ended delay.
Affidavits and Proposed Orders
Some courts require the facts supporting the motion to be presented in a sworn affidavit or a declaration signed under penalty of perjury. Under federal rules, any affidavit supporting a motion must be served together with the motion itself. 1Legal Information Institute (LII). Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers Even where an affidavit is not strictly required, a sworn statement adds weight. A doctor’s affidavit confirming you cannot attend carries more force than an unsworn note.
Many courts also expect a proposed order alongside the motion. This is a short separate document giving the judge ready-made language to sign if the request is granted, with a line for the new hearing date and the judge’s signature. Check your local rules or ask the clerk whether a proposed order is required. Forgetting one when it is expected can delay the ruling.
Filing and Serving the Motion
File the motion with the clerk of court. Depending on the court, you can file in person at the clerk’s window, by mail, or through the court’s electronic filing system. Most federal courts and a growing number of state courts require e-filing, and some e-filing systems automatically serve the opposing party when you submit. If your court does not use e-filing, you will file a paper original and any copies the clerk requires.
If the case already has a filing fee paid, many courts do not charge separately for a continuance motion. Fee waivers exist for litigants who cannot pay: in federal court, a party unable to pay court fees can apply to proceed in forma pauperis by submitting an affidavit showing financial inability to pay, and most state courts offer similar programs. 2Office of the Law Revision Counsel. 28 U.S. Code 1915 – Proceedings In Forma Pauperis
Serving the Other Side
After filing, you must give a copy of the motion to every other party. In federal court, if a party has an attorney, you serve the attorney rather than the party directly. Acceptable methods of service include hand delivery, mailing to the person’s last known address, or sending electronically if the recipient consented or is a registered e-filing user. 3Legal Information Institute (LII). Federal Rules of Civil Procedure Rule 5 – Serving and Filing Pleadings and Other Papers
Once you have served the motion, complete and sign the certificate of service. The certificate lists the date of service, the method used, and the name and address of each person served. This is your proof that the other side received the filing. Skip this step and the court can disregard the motion entirely.
How Judges Decide
A judge weighs the totality of the circumstances, not the stated reason alone. The factors that matter most: how long you have had to prepare, whether you acted diligently, how much the delay would prejudice the other side, and whether the reason could have been avoided. The length of the postponement matters too. Two extra weeks reads very differently than six months.
Agreed and Contested Requests
When both sides agree, judges usually grant the continuance without a hearing. An agreed request signals that the delay is not prejudicing anyone. Even so, a judge can deny an agreed continuance if it conflicts with the court’s schedule or if repeated delays are undermining case management.
When the other side objects, expect a short hearing where both sides argue the request. Your burden is heavier. You need to show not only a legitimate reason but that proceeding as scheduled would be unfair. Bring your supporting documents and be ready to explain why the delay will not prejudice the opposing party.
Repeat Requests
Each successive request draws more skepticism. A first request with a good reason usually goes through. A second gets a harder look. By the third or fourth, you are fighting uphill regardless of the reason. If you have already received a continuance, your current motion should explain what has changed and why this time is different.
What Happens After You File
The judge may rule on the written submission alone or set a brief hearing. Do not assume the request will be granted. Check the online docket or call the clerk to confirm the status before the original hearing date.
If the motion is granted, the court issues an order rescheduling the proceeding. In civil cases, a postponed trial does not automatically push back other deadlines like discovery cutoffs. If you also need more time for pretrial work, you must separately request a modification of the scheduling order, which under federal rules requires good cause and the judge’s consent. 4Legal Information Institute (LII). Federal Rules of Civil Procedure Rule 16 – Pretrial Conferences; Scheduling; Management
If the motion is denied, the original court date stands and you must appear. This is not optional. In a civil case, failing to show up after a denied continuance can lead to a default judgment against you or dismissal of your claims. In a criminal case, the judge may issue a bench warrant.
If you believe the denial was wrong, your main option is to renew the motion on the record at the hearing itself. State clearly that you are renewing your request for a continuance. This preserves the issue for appeal. Telling the judge you are “ready to proceed” after a denial can be treated as waiving the issue entirely. A direct appeal of a continuance denial before the case ends is rarely available, because most courts treat scheduling decisions as non-final orders.
Criminal Cases and the Speedy Trial Clock
If you are a criminal defendant, a continuance carries a consideration civil litigants do not face: the right to a speedy trial. Under the federal Speedy Trial Act, a trial must generally begin within 70 days of the indictment or the defendant’s first court appearance, whichever comes later. 5Office of the Law Revision Counsel. 18 U.S. Code 3161 – Time Limits and Exclusions Most states have their own speedy trial rules with comparable time limits.
When a judge grants a continuance in a federal criminal case, the time it covers is excluded from the 70-day clock only if the judge makes a specific finding on the record that the “ends of justice” served by the delay outweigh the defendant’s interest in a speedy trial. The judge must state the reasons orally or in writing. A continuance cannot be justified solely by a congested court calendar or the government’s failure to prepare its case. 5Office of the Law Revision Counsel. 18 U.S. Code 3161 – Time Limits and Exclusions
The practical point: requesting a continuance as a criminal defendant means agreeing to pause the speedy trial clock. That tradeoff is often worth it when you genuinely need more time to prepare a defense, but your attorney should walk you through how the continuance affects your speedy trial deadline before you agree to file it.