To write a motion for continuance, you prepare a signed court filing that identifies the hearing or trial you want postponed, states a specific good-cause reason you cannot proceed, attaches sworn evidence backing that reason, proposes a new date, and tells the judge whether the other side agrees. Judges are skeptical of these requests because postponements disrupt court calendars and can harm the opposing party, so the quality of the drafting and the documentation attached to it usually decides whether you get more time.
What Counts as Good Cause
Good cause means circumstances outside your control that make it impossible or seriously unfair to go forward on the scheduled date. Federal regulations describe the standard as requiring “a prior judicial commitment,” “undue hardship,” or “other good cause,” and state courts use similar language.
Reasons that commonly qualify:
- A key witness or party is unavailable because of sudden illness, a medical emergency, or death, and you can show what you did to secure their attendance (such as issuing a subpoena).
- Your attorney has a medical emergency or is in trial on another case that was set first.
- You have just discovered critical evidence you could not have found earlier and need time to review or obtain it.
- You or your attorney have a conflicting obligation in a different court that was scheduled before the current date.
Whatever your reason, the motion has to make clear the delay is not your fault. Judges look at how quickly you acted once you learned about the problem. If you sat on the conflict for weeks, that alone can sink the request. A history of prior continuances in the same case also works against you; judges grow increasingly reluctant after a second or third postponement, especially for similar reasons.
The Parts of the Motion
A motion for continuance follows the same formatting rules as other court filings. In federal court, the rules governing captions and form in pleadings apply equally to motions.1Legal Information Institute. Federal Rules of Civil Procedure Rule 7 – Pleadings Allowed; Form of Motions and Other Papers State courts impose nearly identical requirements.
Caption and Title
The top of the first page carries the caption: the court’s name, the names of the parties, and the case file number.2Legal Information Institute. Federal Rules of Civil Procedure Rule 10 – Form of Pleadings Below the caption, give the document a clear title such as “Motion for Continuance of Trial Date” or “Motion to Continue Hearing.” The title tells the clerk and judge what they are reading before they get into the body.
Body
The body states the specific grounds for the request and the relief sought.1Legal Information Institute. Federal Rules of Civil Procedure Rule 7 – Pleadings Allowed; Form of Motions and Other Papers Open with a short statement identifying who you are, what proceeding is scheduled and when, and what you are asking the court to do, usually to reschedule the hearing or trial to a specific new date or to the court’s next available date. Then lay out the facts: what happened, when you learned about it, and why going forward on the current date would be unfair. Close with a direct request, something like: “For the foregoing reasons, the undersigned respectfully requests that this Court continue the trial currently set for [date] to a date no earlier than [date].”
Signature Block
Every written motion must be signed by an attorney of record or, for an unrepresented party, by the party personally. The signature must include the signer’s name, address, email address, and phone number. A court can strike an unsigned motion, though you typically get a chance to correct the omission if it is flagged promptly.3Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers
Certificate of Service
After the signature, include a certificate of service confirming you delivered a copy of the motion and all attachments to every other party. If you filed electronically through the court’s e-filing system, no separate certificate is needed because the system handles notification. For any other delivery method, a certificate of service must be filed with the motion or within a reasonable time after service.4Legal Information Institute. Federal Rules of Civil Procedure Rule 5 – Serving and Filing Pleadings and Other Papers
Proposed Order
Many courts require a proposed order, a short separate document the judge can sign if the motion is granted. The proposed order usually states the new hearing or trial date (or leaves a blank for the judge to fill in) and recites that the motion was granted for good cause shown. Check your court’s local rules; some judges treat a missing proposed order as grounds for denial without reading the motion.
A Sample Motion
The simplified example below shows how the structural pieces fit together. Local rules may require additional sections or different formatting, but the core components stay the same.
IN THE [DISTRICT/CIRCUIT/SUPERIOR] COURT
FOR [JURISDICTION]
[Your Name],
Plaintiff,
v. Case No. [XX-XXXX]
[Opposing Party Name],
Defendant.
MOTION FOR CONTINUANCE OF TRIAL DATE
COMES NOW [Your Name], [Plaintiff/Defendant] in the above-captioned matter, and respectfully moves this Court for an order continuing the trial currently scheduled for [current date]. In support of this motion, [Your Name] states the following:
1. This case is set for trial on [current date] at [time] before [Judge’s Name].
2. [Your Name]’s treating physician, Dr. [Name], has advised that [Your Name] is unable to attend trial due to [brief description of medical condition]. A copy of the physician’s statement is attached as Exhibit A.
3. [Your Name] learned of this limitation on [date you found out], which was [number] days before the scheduled trial.
4. [Your Name] has contacted opposing counsel, [Attorney Name], who [consents to / does not oppose / objects to] this request.
5. No previous continuances have been granted in this matter.
6. [Your Name] respectfully requests that this Court continue the trial to a date no earlier than [proposed new date], by which time Dr. [Name] expects [Your Name] will be able to fully participate.
WHEREFORE, [Your Name] respectfully requests that this Court grant this Motion for Continuance and reschedule the trial accordingly.
Respectfully submitted,
[Signature]
[Printed Name]
[Address]
[Email Address]
[Phone Number]
[Date]
CERTIFICATE OF SERVICE
I certify that on [date], a copy of this Motion for Continuance and all attached exhibits was served on [Opposing Party/Attorney Name] at [address] by [certified mail / hand delivery / electronic filing].
[Signature]
Adapt the template to your facts. If your reason is a scheduling conflict rather than a medical issue, swap the medical details for facts about the conflicting proceeding, including its case number, court, and date. The structure stays the same: identify the scheduled event, explain why you cannot proceed, show you notified the other side, and ask for a specific new date.
Evidence to Attach
A motion without supporting evidence reads like an excuse. Judges want proof, and the standard vehicle is a sworn affidavit or declaration attached to the motion.
Affidavit or Declaration
An affidavit is a written statement signed under oath, usually before a notary. In federal court and many state courts, you can skip the notary and instead sign an unsworn declaration under penalty of perjury, which carries the same legal weight. The declaration must include specific language: “I declare under penalty of perjury that the foregoing is true and correct,” followed by the date and your signature.5Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury Lay out the supporting facts in numbered paragraphs: what happened, when, and why it keeps you from proceeding.
A supporting affidavit must be served with the motion itself. You cannot file the motion first and submit the affidavit later. If the opposing party files an affidavit in opposition, that opposing affidavit must be served at least seven days before the hearing on the motion.6Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers
Medical Documentation
If the request is based on a health issue, attach a letter from your doctor. The letter should confirm you cannot attend court, give a general sense of the medical reason without disclosing unnecessary details, and estimate when you will be able to participate. Vague notes saying “patient is under my care,” without indicating the limitation or expected recovery date, rarely persuade a judge.
Redacting Personal Information
Medical records and other supporting documents often carry sensitive personal data. Federal courts require you to redact certain identifiers from any filing: include only the last four digits of a Social Security or financial account number, only the birth year rather than the full date, and only the initials of any minor.7Legal Information Institute. Federal Rules of Civil Procedure Rule 5.2 – Privacy Protection for Filings Made With the Court Most state courts have similar rules. The responsibility falls entirely on the filer; clerks do not review filings for compliance. If the court needs to see unredacted information, you can file a complete copy under seal alongside the redacted version.
When and How to File
Timing is where many continuance requests fall apart. Filing late signals that you either caused the problem or did not take it seriously.
In federal court, a written motion and notice of hearing must be served on all parties at least 14 days before the hearing date, unless the court sets a different timeline or the motion qualifies for ex parte consideration.6Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers State courts set their own deadlines, often five to fifteen business days before the scheduled event. If your emergency arises inside that window, you may need to file an emergency or ex parte motion, which carries a higher burden and requires you to explain why you could not have acted sooner.
Service means delivering a copy of the filed motion and all attachments to every other party. In federal court, acceptable methods include hand delivery, leaving the document at the person’s office or home with an appropriate individual, mailing it to the person’s last known address, or serving it through the court’s electronic filing system.4Legal Information Institute. Federal Rules of Civil Procedure Rule 5 – Serving and Filing Pleadings and Other Papers When service is by mail, add three extra days to any deadline that runs from the date of service.6Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers
Some courts require you to contact the clerk or court administrator to schedule a hearing on the motion. Others allow the judge to rule on paper. Check local rules, because a motion sitting in the filing queue without a hearing date may not get decided before the event you are trying to postpone.
Getting the Other Side to Agree
If the opposing party agrees to the postponement, say so in the motion. A stipulated continuance, where all parties consent, dramatically increases your chances of approval. Many courts treat agreed continuances almost as a formality, though the judge still has discretion to deny one if it would cause unreasonable delay in resolving the case.
Before filing, contact opposing counsel and ask whether they will agree. If they do, note it prominently: “Undersigned counsel has conferred with counsel for [opposing party], who does not oppose this request.” Some courts accept a joint motion signed by both sides. Even if the other party objects, disclosing that you made the effort to confer shows good faith, and some jurisdictions require you to state whether the opposing party consents, objects, or takes no position.
Mistakes That Get Motions Denied
Judges see the same avoidable errors over and over. Steering clear of these gives your motion a real chance:
- Vague reasons. “Counsel needs additional time to prepare” is almost guaranteed to fail. Specify what you need time for, why you do not have it yet, and what changed.
- No supporting evidence. Claiming a medical issue without attaching a doctor’s note, or saying a witness is unavailable without explaining what you did to secure their attendance, invites a denial. The affidavit or declaration is not optional.
- Filing at the last minute without justification. If you knew about the problem two weeks ago and filed yesterday, the judge will question your diligence. File as soon as you discover the need.
- No proposed new date. Asking for a postponement without suggesting when you will be ready signals you have not thought the request through. Propose a specific date or a narrow window.
- Ignoring the other side. Failing to confer with opposing counsel, or failing to disclose their position in the motion, violates many local rules and irritates judges who expect scheduling issues to be worked out before the court is involved.
- Repeated requests for the same reason. Each successive continuance faces more skepticism. If one delay has already been granted, the court expects the underlying issue to have been resolved by now.
If the Judge Says No
A denied continuance means you proceed on the scheduled date, ready or not. There is no automatic right to appeal the denial before the hearing takes place, and asking the judge to reconsider the same motion with no new facts rarely changes the outcome. If circumstances later change, such as a witness’s condition worsening or new evidence surfacing, you can file a fresh motion based on the new facts. Recycling the same arguments will not work.
One caution about filing in the first place: by putting in writing that you are not ready to proceed, you create a document the opposing party can use later. Be factual and specific about why you need the delay, and avoid broad admissions of unpreparedness that go beyond the particular issue driving the request. The strongest motions identify a specific, verifiable problem, show the filer acted promptly, attach real evidence, propose a concrete new date, and disclose whether the other side agrees. Cover those five and you have done everything the process allows.