Legal Tips

Continuances: When to Request Them

Understand when continuances are appropriate, how to request them effectively, and the strategic implications of delaying court hearings. Includes legitimate grounds and how to oppose improper requests.

Hon. Patricia Moore (Ret.)Retired Family Court Judge

December 26, 2024

13 min read

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A continuance postpones a scheduled court hearing to a later date. While courts prefer to keep cases moving forward, legitimate circumstances sometimes require additional time. Understanding when continuances are appropriate and how to request them effectively can protect your ability to present your case properly.

Understanding Continuance Standards

Courts grant continuances based on demonstrated need and good cause. The standard varies depending on whether you are requesting your first continuance or repeated delays, and whether the other party consents or opposes.

Continuance Type	Standard	Likelihood of Grant
First request, by agreement	Mutual consent shown	Very high
First request, opposed	Good cause required	Moderate to high
Subsequent request, by agreement	Consent plus reason	High
Subsequent request, opposed	Compelling circumstances	Low to moderate
On eve of trial	Extraordinary circumstances	Low

JUDICIAL PERSPECTIVE: Most courts will grant a first continuance if good cause is shown, but patience wears thin with repeated requests. Each additional continuance requires stronger justification than the last.

Legitimate Reasons for Continuances

Certain circumstances consistently justify continuance requests. Documenting these circumstances thoroughly increases your likelihood of success.

Medical emergencies affecting a party, attorney, or essential witness
Unavailability of essential witness who cannot appear remotely
Recent retention of new counsel who needs preparation time
Discovery disputes that must be resolved before proceeding
Settlement negotiations that show genuine promise
Death or serious illness in immediate family
Military deployment or unavoidable work obligations
Court scheduling conflicts with another required appearance
Need to obtain expert witness not previously anticipated
Late disclosure of evidence requiring time to analyze and respond

"The best continuance requests show me three things: a legitimate reason for the delay, evidence that the reason is genuine, and a specific plan for when the matter can proceed. Vague requests without timelines suggest the party simply does not want to face the hearing."

— Hon. Patricia Moore (Ret.)

Weak Reasons That Courts Reject

Certain reasons for continuances are almost always rejected. Avoid relying on these justifications as they may damage your credibility with the court.

Vacation plans that conflict with the hearing date
General unpreparedness without specific cause
Inability to afford an attorney without showing effort to obtain one
Desire to delay for strategic advantage
Witness unavailability when witness is not essential
Minor illness that does not prevent court appearance
Hoping the other party will change their position
Fear or anxiety about court without documented disability

PRO TIP: If you know you will need a continuance, request it as early as possible. Last-minute requests require much stronger justification and inconvenience the court, opposing party, and any scheduled witnesses.

Drafting the Continuance Motion

A well-drafted continuance motion provides specific facts, supporting documentation, and a proposed new date. Include these elements for the strongest request.

Motion Element	What to Include
Specific Reason	Detailed explanation of why continuance is needed
Supporting Evidence	Doctor note, death certificate, new counsel appearance
Good Faith Effort	Steps taken to avoid or minimize delay
Proposed New Date	Specific alternative dates that work for all parties
Impact Statement	Prejudice if continuance is denied
No Prejudice to Opponent	Why delay will not harm the other party

Opposing Continuance Requests

When the other party requests a continuance you believe is unjustified, a well-crafted opposition can prevent unnecessary delay in your case.

Challenge the stated reason with contrary evidence if available
Demonstrate prejudice to you if the continuance is granted
Show the requesting party had ample time to prepare
Highlight any pattern of delay tactics by the requesting party
Note if witnesses, experts, or evidence may become unavailable
Emphasize the age of the case and need for resolution
Offer alternatives that address concerns without full continuance

Courts weigh the harm to both parties when deciding continuance requests. Demonstrating concrete prejudice to you strengthens your opposition significantly.

Strategic Considerations

Before requesting or opposing a continuance, consider the strategic implications for your overall case.

Scenario	Continuance May Help If...	Continuance May Hurt If...
Custody dispute	You need time to gather evidence of stability	Children are in an inappropriate living situation
Support request	Your income situation is about to improve	You urgently need financial assistance
Property division	You need asset valuations completed	Market conditions favor immediate sale
Trial preparation	Critical witness recently became available	Other party is using delay to hide assets

STRATEGIC REALITY: Sometimes the party who wants to delay is in a stronger position, and sometimes the party who wants to proceed quickly has the advantage. Evaluate your specific circumstances rather than assuming speed or delay is always beneficial.

Emergency Situations

When circumstances requiring a continuance arise at the last minute, immediate action is essential. Courts understand that genuine emergencies occur, but you must handle them properly.

Contact the court clerk immediately by phone
Notify opposing counsel or the other party right away
File a written motion as soon as physically possible
Provide whatever documentation is immediately available
Offer to appear by phone if complete absence is not required
Submit additional documentation within days as you obtain it

"A party who wakes up sick on the morning of a hearing should call the court and opposing counsel immediately, then follow up with documentation. The party who simply fails to appear without notice destroys their credibility for the rest of the case."

— David Park, Esq.

Impact on Case Timeline

Continuances affect more than the immediate hearing date. Consider the broader timeline implications before requesting delay.

Court calendars may push the new date out weeks or months
Temporary orders remain in effect during the delay
Support arrearages may continue to accumulate
Children continue in the current custody arrangement
Legal fees increase with prolonged litigation
Emotional stress extends for all parties involved

Weigh the need for additional preparation time against the costs of delay. Sometimes proceeding with a less-than-perfect case is preferable to months of additional waiting.

Splitifi helps you track all court dates and deadlines, ensuring you have adequate preparation time and can identify potential scheduling conflicts early. Our case management tools help you stay organized so last-minute continuance requests become unnecessary.

Tags:

Continuances

Court Scheduling

Legal Strategy

Hearing Postponement

Procedure

About Hon. Patricia Moore (Ret.)

Retired Family Court Judge

Judge Moore presided over family court for 18 years before retiring. She now shares insider perspectives on what judges really look for in custody cases, property division, and courtroom behavior.