To request a continuance in court, file a written motion before your scheduled date that explains a legitimate reason for the delay, attaches supporting documentation, proposes new dates, and is served on the opposing party. Judges grant these motions when the requesting party shows “good cause” — a reason serious enough to justify disrupting the court’s schedule and the other side’s expectations. The earlier you file, the more credible the request.
What Counts as Good Cause
Good cause is the standard every continuance motion must meet, and judges have broad discretion in applying it. What qualifies depends on the facts, but certain reasons come up repeatedly and are widely recognized.
An unavailable witness is one of the strongest grounds. If someone essential to your case cannot appear because of illness, a family emergency, or another event beyond their control, courts regularly grant more time. You need to show you made reasonable efforts to secure the person’s attendance, such as serving a subpoena, and that their testimony genuinely matters.
An attorney scheduling conflict is another common reason. When your lawyer has a prior obligation in another court, particularly a higher court with a firm trial date, judges typically accommodate the conflict rather than force you forward without prepared counsel.
A medical emergency affecting you, another party, or your attorney can also justify a delay. Courts expect documentation, usually a note from a treating physician confirming the condition and an estimated recovery timeline.
Late-discovered evidence is another accepted ground. When significant documents or information surface close to trial, the receiving side needs time to review and respond. Forcing a party to trial without digesting material evidence creates the kind of unfairness appeals courts flag as reversible error.
Changing attorneys shortly before trial is trickier. Judges understand that attorney-client relationships sometimes break down, but they are wary of last-minute substitutions used to manufacture delay. Expect the court to weigh how much time remains before trial, why the change happened, and whether a new attorney could realistically get up to speed. Courts do not treat this ground generously if it looks like poor planning.
Vague reasons will not work. “I need more time” is not good cause. “My treating physician has diagnosed pneumonia and estimates a two-week recovery” is.
What to Put in the Motion
The motion is a written request filed with the court, and judges expect specific information. Many courts provide template forms through the clerk’s office or the court website, but every motion should cover the same core elements.
- The full case caption and docket number. Without these, the clerk may not process the filing.
- A clear, factual explanation of why you cannot proceed as scheduled.
- Supporting documentation attached to the motion. That means a doctor’s note for a medical issue, proof of a subpoena served on a missing witness, or a copy of a conflicting court order for a scheduling overlap. Courts take unsupported claims far less seriously.
- Proposed new dates or a range of dates when you would be ready to proceed. Judges appreciate parties who offer solutions, not just problems.
- A disclosure of how many times the case has already been continued and by whom. Judges will find out anyway, and omitting this damages your credibility.
- The opposing party’s position. State whether they agree, disagree, or have not yet responded. Agreed continuances are significantly easier to obtain.
Your attorney should sign the motion, and some courts require a certification that the client has been informed of and consents to the request. If you are representing yourself, sign it personally and include your contact information.
When and How to File
Filing early matters more than almost anything else. A motion submitted weeks before the hearing signals genuine need. One filed the day before looks like a stall tactic.
In federal court, written motions generally must be served on the opposing party at least 14 days before the hearing date.1Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers State courts set their own deadlines, and local rules within a single state can vary from one courthouse to the next. Always check the specific court’s rules before filing.
The 14-day federal deadline has exceptions. If circumstances require it, a party can ask the court for an expedited hearing schedule, and courts can shorten the notice period for good cause.1Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers True emergencies, such as a car accident the night before trial, may warrant an oral request made directly to the judge at the start of the proceeding. Banking on this is risky. Judges are far more skeptical of last-second requests.
Most courts accept electronic filing through an online portal, which timestamps the submission and generates a receipt. Some jurisdictions still require or allow hand-delivery of paper copies to the clerk’s office. Filing fees vary. Some courts charge nothing for continuance motions; others charge a modest fee. Check the specific court’s fee schedule before filing.
After filing, you must serve the opposing party with a copy. Every motion filed with a court must be shared with the other side so they can respond. Service is typically accomplished through the court’s electronic filing system, which notifies all registered parties automatically, by certified mail, or by another method the parties previously agreed upon.
Criminal Cases: The Speedy Trial Trade-Off
If you are a criminal defendant asking for more time, understand the trade-off first. Defendants have a right to a speedy trial under the Sixth Amendment and, in federal cases, the Speedy Trial Act, which requires trial to begin within 70 days of the indictment or the defendant’s first court appearance, whichever comes later.2Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions
A continuance can pause that clock, but only if the judge makes a specific finding on the record that the “ends of justice” served by the delay outweigh the public’s and the defendant’s interest in a speedy trial.2Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions The judge must state the reasons either orally or in writing. General calendar congestion or the prosecution’s failure to prepare does not qualify.
Every defense-requested continuance also weakens any future speedy trial claim. Delay caused by the defendant’s own attorney is generally attributed to the defendant, not the state. If you may want to raise a speedy trial argument later, weigh that against the reason you are asking to postpone now.
If the Other Side Objects or the Judge Denies It
The opposing party can file a written opposition. Common objections point to prejudice from the delay — witnesses who may become unavailable, evidence that could deteriorate, or financial hardship from prolonged litigation — and to red flags such as multiple prior continuances, last-minute filing, or a reason the moving party should have anticipated and addressed earlier. Courts weigh prejudice to the non-moving party heavily.
Even when both sides agree, the judge retains discretion to deny the motion. Courts have their own interest in managing dockets and resolving cases within a reasonable timeframe. A stipulated motion is easier to get approved, but it is not a rubber stamp.
If the motion is granted, the court issues an updated scheduling order with new deadlines and a future date. All parties are bound immediately. If the motion is denied, the original schedule stands and you must be ready to proceed. This is why experienced litigants file continuance motions as a backup while continuing to prepare for the hearing. Failing to appear after a denial can trigger a default judgment, a dismissal, or a bench warrant, depending on the case.3Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment
Appellate review of a denial uses the abuse of discretion standard, which is a high bar. You essentially need to show that no reasonable judge would have denied the request. Do not count on winning that appeal. Build the strongest possible record at the trial court: file a detailed motion, attach supporting evidence, and if the judge denies it, state your objection and explain the specific prejudice you expect to suffer.
How Many Times You Can Ask
There is no fixed legal limit on the number of continuances a court can grant, and no guaranteed right to even one. Each request is evaluated on its own facts. In practice, each successive request becomes harder. By the second or third motion, judges want to see that the delays were genuinely unavoidable and that you have been diligent about moving the case forward between hearings.
Repeated continuances weaken your position in other ways. In criminal cases, defense-requested delays erode speedy trial protections. In civil cases, a pattern of delays can influence how a judge views your credibility on other contested issues. Treat every continuance as a last resort, and make genuine progress on the case between hearings.