Court & Hearings

To change a court date, you must get a judge's permission. You ask the judge's permission by filing a motion. This motion asks the judge to reschedule a court date. If you are asking for a new court date, it is called a continuance When the judge gives additional preparation time before or during a trial . If you are asking for more time to file something that the court ordered you to file, such as an answer A written statement used to respond to the complaint or petition in a lawsuit or to produce documents, it is called a Motion to Extend Time.

Filing a motion does not mean you don't have to go to court. While it is sometimes possible for a judge to grant a Motion to Continue without you having to appear in court, this is rare. Most likely, you still must go to court in person, or by video if permitted, to ask the judge to change the court date. Then you will have to come to the new court date.

The judge has complete control over whether or not to grant the motion.

Time for filing a Motion to Continue or Motion to Extend Time for Filing

It is best to file your motion as soon as you know that you have a problem with a date or deadline. Judges do not like last minute changes to court dates.

The Motion to Continue also needs to be filed early enough for the court to schedule a hearing When the parties in a case present their sides of a case to a judge or other officer on the motion before the actual court date itself, so it is best to file as soon as you can.

If there are more than 7 days until your court date, you can use the following program to help you fill out the forms you need:

• Motion to Continue or Extend Time for Filing program

Learn more about Preparing, filing, and presenting motions in court.

Reasons for changing a court date

You need a good reason for why you cannot make your court date. Even then, a judge may or may not agree to grant your motion.

Some common reasons for a Motion to Continue are:

• You cannot come to court that day because you are in the hospital, out of town, in jail or prison, or attending another court hearing at that time;
• You need more time to hire an attorney; or
• A vital witness A person who answers questions in court under oath or piece of evidence Anything used to show that something is true will not be available then.

If you are asking for a continuance based on a missing piece of evidence or witness, you must sign an affidavit A notarized written statement signed by a person under oath saying that:

• You have tried to obtain the evidence, or have not had enough time to do so;
• What the evidence would show if you had it;
• If it is a witness, where the witness lives (or if you are unable to locate the witness, state your efforts to try to find the witness); and
• That if more time is given the evidence can be produced.

Attach copies of any other supporting documents that you have, such as a doctor's note if you are asking for a delay because of illness, to your Motion to Continue.

You should ask the other side of the case if they will agree to your request to continue or extend time to file. You should put in your motion whether they agreed, disagreed, or you could not reach them.

You must serve Giving court documents to someone a copy of the Motion on the other side and then efile your Motion with the circuit clerk The office that takes care of files and documents for circuit court cases ’s office

Again, it's the judge who decides whether or not your reason is good enough to change the court date.

If you have 7 days or less until the court date, you can still file your Motion and serve the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. , but you don't have enough time to get a hearing before the court date you want continued. You should contact the circuit clerk’s office or the judge's clerk and ask them what you should do. You may still have to come to court to ask for the continuance.

At the very least, it shows the judge that you did not forget about the court date and tried to change it.

Reasons not to file a Motion to Continue

You should not file a Motion to Continue if the hearing date you wish to continue has already passed. In this case, you may have had a default judgment entered against you if you are the defendant The person or organization being sued in a lawsuit . You can file a Motion to Vacate a Default Judgment. If you are the plaintiff A person or party that starts a lawsuit , the case might have been dismissed Cases dismissed with no further action anticipated. . If your case was dismissed, you will need to refile it.

Do I need the other side's permission to get a Motion to Continue?

No. However, a judge is more likely to give permission if the other side agrees. If they agree, you should have them put it in writing. You should tell the judge about the agreement.

Contact your circuit clerk's office or judge's clerk for any special instructions

Most courts have their own set of rules called "local rules Rules that only apply in a specific courtroom, court house, or location " that include specific requirements for filing motions. Similarly, judges sometimes have special instructions for motions in their courtroom. These instructions are called "standing orders."

You should contact your circuit clerk or the judge's clerk to see if your judge has any special instructions for filing a Motion to Continue. You should follow whatever those instructions are. For example, you might have to submit a proposed order. 

The Motion to Continue is approved

If your motion is approved, your deadline or appearance A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. date will be reset to another date, and the lawsuit will continue as normal.

The Motion to Continue is denied

If your motion is not approved, you will be expected to go to the court dates or follow the deadlines that were already set.

If you do not follow these court dates or deadlines, you may receive a default judgment against you. This will allow the other side to win and enforce Taking legal steps to make someone do what the court tells them to do any judgment they receive against you automatically.