To change your court date, you file a written request called a motion for continuance, explain a legitimate reason for the delay, and wait for the judge to rule. A continuance is not a right. It’s a discretionary decision, and the court can deny it.1Legal Information Institute. Continuance Until you receive a signed order granting the new date, the original date stands and you are expected to appear.
Reasons a Judge Will Grant One
Courts apply a “good cause” standard, and it’s narrower than most people assume. Wanting more preparation time or finding the date inconvenient will not clear the bar. Judges weigh efficiency and, in criminal cases, the constitutional right to a speedy trial against any request for delay.1Legal Information Institute. Continuance
Reasons that typically meet the standard:
- A medical emergency affecting you or an immediate family member, backed by a doctor’s letter.
- Attorney unavailability, meaning your lawyer has a confirmed conflict with another proceeding on the same date, or you recently lost your attorney and need time to find new counsel.
- Witness unavailability, where a critical witness cannot appear and their testimony can’t be obtained another way.
- New evidence that requires time to investigate or respond to, so that proceeding without it would compromise the fairness of the hearing.
The pattern is that the circumstances were unforeseeable and that going forward without a delay would genuinely harm the fairness of the proceeding. Vague requests fail. “I need more time,” with no documented reason attached, is the fastest route to a denial.
When to File
File as soon as you know you need the postponement. Courts view last-minute requests with suspicion, and many local rules require motions to be filed a minimum number of days before the hearing, commonly five to fifteen days depending on the court. Call the clerk’s office to confirm your court’s specific deadline.
If an emergency hits so close to the hearing that you can’t prepare a written motion, phone the clerk’s office right away. Many courts allow an oral request in true emergencies, where you or your attorney explain the situation to the judge on the record. You’ll usually still need to follow up in writing with supporting documentation. Do not simply fail to appear. That creates far worse problems than an imperfect continuance request.
What the Motion Must Include
A motion for continuance is a formal legal document. At minimum, include:
- Case details: your full name, the case or docket number, and the name of the court.
- The current hearing date and time.
- A clear, specific reason for the request. “Medical issue” is weaker than “emergency appendectomy on [date], with physician’s estimated recovery period of three weeks.”
- Proposed alternative dates. Offering options signals that you’re not trying to stall.
- Supporting documentation, such as a doctor’s letter, notice of an attorney’s conflicting hearing, or a sworn statement describing the circumstances.
Many courts require the facts to be supported by an affidavit, a sworn statement signed under penalty of perjury. Some jurisdictions require notarization; others accept an unsworn declaration. Check your court’s local rules or ask the clerk which format is accepted.
Ask the Other Side First
Before filing, contact the opposing party, or the prosecutor in a criminal case, and ask whether they’ll agree. If they consent, you can file a stipulated continuance, a joint request showing that both sides are on board. Judges are significantly more likely to grant a stipulated request than a contested one, though they can still deny it if the delay would harm the administration of justice.
A stipulated request also moves faster. Some courts have dedicated forms for them, and the judge may rule on the paperwork alone without setting a hearing on the motion.
Filing and Serving It
File the motion with the court clerk. Depending on your jurisdiction, you can file in person, by mail, or through the court’s electronic filing system. Many courts now use mandatory e-filing for represented parties, though self-represented individuals are frequently exempt and can still file on paper. Ask about filing fees; some courts charge a small administrative fee for motions and others don’t.
After filing, serve a copy on every other party in the case. This is routine service of a legal paper on someone already involved in the case, not the initial “service of process” used to deliver a lawsuit. Acceptable methods include handing a copy to the party’s attorney, mailing it to their last known address, or sending it through the court’s e-filing system.2Legal Information Institute. Federal Rules of Civil Procedure Rule 5 – Serving and Filing Pleadings and Other Papers If you serve through the e-filing system, no separate certificate of service is required. For any other method, file a certificate of service, a short document stating when, how, and on whom you served the motion.
Criminal Cases: The Speedy Trial Tradeoff
If your case is criminal, a continuance carries a consequence that doesn’t exist in civil litigation. It can pause the speedy trial clock. Under federal law, any delay caused by a continuance, whether requested by you, the prosecutor, or the court, is excluded from the time limits the government has to bring you to trial, provided the judge finds that the interests of justice outweigh the public’s and the defendant’s interest in a speedy resolution. The judge must state that finding on the record.3Office of the Law Revision Counsel. 18 U.S. Code 3161 – Time Limits and Exclusions Most state speedy trial statutes work the same way.
This matters because the speedy trial clock is one of the strongest protections a criminal defendant has. If the government misses the required window, you can move to dismiss the charges.4Office of the Law Revision Counsel. 18 U.S. Code 3162 – Sanctions Every continuance you request adds excluded time and pushes that deadline further out. Talk to your attorney before asking for one. A few extra weeks of preparation may help you, but they also give the prosecution more time to build its case.
Judges scrutinize criminal continuances more closely in general. A federal judge cannot grant one simply because the court’s calendar is congested or because the government wasn’t diligent in preparing.3Office of the Law Revision Counsel. 18 U.S. Code 3161 – Time Limits and Exclusions
After You File
The judge may rule on your motion based on the written filings alone or after a brief hearing. Do not assume the continuance is granted because you filed the motion. You are still required to appear on the original date unless and until you receive an official order granting the postponement.
If the motion is granted, the court issues an order with a new hearing date, and you’re legally bound to appear on that date. In civil cases, ask whether the continuance also extends other deadlines tied to the original trial date, such as discovery cutoffs or expert witness disclosures. A continued trial date doesn’t automatically move those other deadlines, and missing one because you assumed it did can create worse problems than the trial date itself.
If Your Motion Is Denied
A denial means the original date stands and you must appear. In a criminal case, skipping a hearing after a denied continuance can trigger a bench warrant. In a civil case, the court may enter a default judgment against you.
You have some options. If new circumstances arise that weren’t in your first motion, you can file a renewed motion with the additional evidence. You can also preserve the issue for appeal by objecting on the record at trial. But appellate courts give trial judges wide deference on continuance decisions, so plan to be ready on the scheduled date.
How Many Times You Can Ask
There’s no fixed legal cap on the number of continuances you can request, but judges keep track. Each successive request is harder to win. Courts weigh how long the case has been pending, how many prior continuances were granted, and who asked for the earlier delays. By the second or third request you need an exceptionally strong reason, and some courts explicitly limit stipulated continuances to two per case before requiring a showing of good cause for any further delay.
In criminal cases, the Sixth Amendment’s speedy trial guarantee acts as a practical ceiling. Prosecutors and defendants who accumulate too many continuances risk dismissal, and judges know it. Even in civil matters, a judge who sees a pattern of delay can impose conditions on further continuances or deny them outright to keep the case moving.