JurisDraft

Litigation & Court Documents

How to Write a Motion for Continuance

Courts don't grant continuances just because a deadline is inconvenient — the motion has to show real cause.

4 min read

A motion for continuance asks the court to postpone a hearing, trial, or deadline. Judges have broad discretion here, and a vague or last-minute request is one of the most commonly denied motions in any court's docket.

State the specific reason, not just the request

Newly discovered evidence, a scheduling conflict, an unavailable witness, or a medical emergency each need to be stated concretely, with supporting detail — 'more time is needed' on its own rarely persuades a judge.

File it as early as possible

Courts weigh how much notice the request gives, both to the court and the opposing party. A continuance requested the day before a hearing faces far more scrutiny than one filed weeks in advance.

Address whether the other side objects

A motion noting that opposing counsel doesn't oppose the continuance is generally granted far more easily than one that's contested — and most courts expect you to have at least asked.

Propose a new date, don't leave it open-ended

Suggesting a specific replacement date (checked against the court's calendar where possible) makes the motion easier for a judge to grant on the spot rather than requiring a follow-up scheduling conference.

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