To stop a motion for continuance, file a written opposition that shows the requesting party cannot meet the good cause standard, has not been diligent, and that further delay would prejudice you or waste the court’s time. Judges have broad discretion over continuances, and that discretion cuts in your favor when the record gives them a concrete reason to keep the case on schedule. The opposition brief, filed on time and supported by specifics, is where that record gets built.
The Good Cause Standard You Are Fighting
Almost every court requires the party seeking a continuance to show “good cause.” Judges evaluate that phrase through a handful of specific questions: was the reason for the delay unforeseeable, was the requesting party diligent, would a delay prejudice the other side, and does the motion look like a stalling tactic rather than a genuine need. Your opposition should answer each of those questions in the court’s favor.
In federal court, if a scheduling order is already in place, the bar climbs higher. Under the Federal Rules of Civil Procedure, a scheduling order can only be modified for good cause and with the judge’s consent.1Legal Information Institute. Federal Rules of Civil Procedure Rule 16 – Pretrial Conferences; Scheduling; Management Inconvenience is not enough. The requesting party has to show that despite reasonable diligence, they could not have met the existing deadline. When a continuance would blow up a scheduling order, put that heightened standard at the front of your brief.
Arguments That Persuade a Judge to Deny
Judges look for concrete reasons to say no. Your opposition should hand them those reasons in the order that matters most.
The Justification Is Vague
A motion that says little more than “we need more time to prepare” is ripe for denial. Courts expect specifics: what task is unfinished, why it could not have been finished on time, and what the party will actually do with the extra time. If the motion lacks that detail, say so directly. General unpreparedness, without more, suggests poor case management rather than genuine necessity.
The Requesting Party Was Not Diligent
This is where most continuance fights are won or lost. If the other side had months to prepare and simply did not do the work, the court has little reason to reward that inaction with extra time. Lay out the case timeline in your opposition: when the scheduling order was entered, when discovery deadlines passed, what the requesting party failed to do during that window. A party who sat on their hands for weeks and then filed a last-minute motion has a hard time showing good cause.
There Is a Pattern of Prior Delays
One continuance request can be reasonable. A third or fourth starts to look like strategy. If the opposing party has already received continuances, document every one: the dates, the justifications, and any conditions the court imposed. Judges are protective of their dockets, and a clear pattern signals either chronic unpreparedness or deliberate stalling.
The Delay Will Prejudice You
Courts weigh how a delay would affect the party opposing it. The more concrete the harm, the more likely the judge denies the motion. Prejudice usually takes one of these forms:
- Witness availability. A key witness may be relocating, aging, or becoming harder to reach, and delay makes their testimony less reliable or unavailable entirely.
- Financial harm. Ongoing litigation costs, expiring contracts, or business uncertainty tied to the case outcome can all count as prejudice.
- Fading evidence. Physical evidence degrades, memories fade, and documents get lost. The longer the case drags, the less reliable the evidence.
Vague claims that “delay would be inconvenient” will not move a judge. Attach declarations, financial records, or correspondence that quantify what the continuance would cost you.
Filing the Written Opposition
Your opposition is a formal court filing and has to meet the same procedural standards as any other brief. Sloppy formatting or a missed deadline can undermine an otherwise strong argument.
Deadlines and Service
In federal court, a written motion and notice of hearing must be served at least 14 days before the hearing, and any opposing affidavit must be served at least 7 days before the hearing unless the court sets a different schedule. If the other side served the motion by mail or by certain electronic means, you may get three additional days added to your response period.2Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers State court deadlines vary widely and can be as short as a few days, so check your local rules the moment you receive the motion. If you miss the response window, the court may rule without hearing your side.
What to Put in the Brief
An effective opposition does four things. It recites the procedural history showing where the case stands and how long it has been pending. It attacks the specific justification in the motion and explains why it fails good cause. It documents the prejudice you would suffer, with evidence attached. And it addresses the court’s interest in docket management by noting prior continuances and the schedule impact of another delay.
Keep it tight. Judges deciding these motions are often working through a packed docket and will appreciate a brief that gets to the point. Lead with your strongest argument. If the requesting party simply was not diligent, say so in the first paragraph and back it up with dates.
At the Hearing
Many continuance motions are decided on the papers alone, but some judges will hold a brief hearing, especially when the opposition raises factual disputes. Be ready either way. If there is a hearing, each side will typically get a few minutes to argue. Use that time to hammer your strongest point rather than running through every argument in the brief.
Bring copies of any key exhibits from your opposition. If the requesting party claims a witness is unavailable, have evidence showing that witness was reachable. If they claim they just received new evidence, have the timeline showing when they could have obtained it. Judges notice when one side has done the homework and the other has not.
Stay professional and measured. Judges understand these disputes get frustrating, but a party who comes across as angry or accusatory loses credibility. Frame the argument around the legal standard and the facts.
Speedy Trial Rights in Criminal Cases
If you are a defendant in a criminal case and the prosecution is seeking a continuance, you have a tool civil litigants do not: the constitutional right to a speedy trial. The Sixth Amendment guarantees this right, and the Supreme Court in Barker v. Wingo established a four-factor test that considers the length of the delay, the reason for the delay, whether the defendant asserted the right, and the prejudice caused by the delay. The Court specifically noted that a deliberate attempt to delay trial to hamper the defense should be “weighted heavily against the government.”3Justia. Barker v Wingo, 407 US 514 (1972)
In federal criminal cases, the Speedy Trial Act adds hard deadlines. An indictment must be filed within 30 days of arrest, and trial must begin within 70 days of the indictment or the defendant’s first court appearance, whichever comes later.4Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions The Act allows exclusions for delays that “serve the ends of justice,” but the judge must make specific findings on the record to justify each exclusion.5Constitution Annotated. Amdt6.2.1 Overview of Right to a Speedy Trial If you are opposing a prosecution continuance, invoke your speedy trial rights explicitly in the written opposition and again at the hearing. Failing to assert the right weakens the claim later on appeal. Most states have their own speedy trial statutes with different timelines and procedures, some more protective than the federal standard, so check the rules of your jurisdiction.
When to Ask for Sanctions
If a continuance motion is filed for an improper purpose, you can go beyond opposing it and ask the court for sanctions. In federal court, Rule 11 requires every motion to be presented for a proper purpose and not to “harass, cause unnecessary delay, or needlessly increase the cost of litigation.” When a continuance motion violates that standard, the court can order the requesting party to pay your reasonable attorney fees and expenses caused by the violation.6Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
There is a procedural catch. A Rule 11 motion has to be filed separately from your opposition, and you must serve it on the other side first and give them 21 days to withdraw the offending motion before filing it with the court.6Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions Because of that safe harbor, sanctions work better as a deterrent against future bad-faith filings than as an immediate remedy. Even flagging the possibility in your opposition brief can signal to the court and to opposing counsel that you view the motion as frivolous. Reserve the actual sanctions request for genuinely egregious situations, like a third continuance filed days before trial with no new justification. Judges have little patience for disproportionate sanctions motions, and overplaying this card can backfire.
What the Court May Decide
After weighing both sides, the court will usually reach one of three outcomes. An outright denial is the most favorable for you and keeps the case on its original schedule. Judges are most likely to deny when the requesting party failed to show good cause, when delay would prejudice you, or when the party has a track record of postponements.
A middle-ground result is a limited or conditional continuance. The judge grants some additional time but less than requested, and may attach conditions: the requesting party covers costs caused by the delay, completes specific tasks by a firm deadline, or agrees that no further continuances will be entertained.
The least favorable outcome is a full continuance as requested. Even then, the opposition was not wasted. The arguments and evidence are now in the record. If the same party seeks another continuance later, the judge will remember that you documented the pattern, and a well-preserved objection can support an abuse-of-discretion argument on appeal. Appellate courts give trial judges significant deference on continuance rulings, which is why the trial-level record is what matters most.