I need a continuance.

The Agreed Motion for Continuance form tells the judge you need a continuance, and the other side has agreed. Fill it out completely in blue or black ink and sign it.

You will ask the judge to sign the Order on Motion for Continuance form to grant the continuance. Fill it out completely in blue or black ink (except for the judge’s signature) and sign it.

• Check box A on the order form. (Box A must be checked before you ask the other side and the judge to sign the order form.)
• If you and the other party have agreed to reset the hearing or trial date to another date, you must also check Box B and Box C. Call the clerk to learn the dates available to reset the hearing or trial. Fill in the original hearing date and time, the new hearing date and time (agreed to by you and the other side), and the physical address of the courthouse.

You may also file the forms electronically.

If the other side has a lawyer, ask the lawyer to sign.

Note: If the other side (or the other side’s lawyer) will not sign both forms, the continuance is not agreed.

Turn in your completed Agreed Motion for Continuance form at the clerk’s office and get a file-stamped copy.

Ask the clerk when you can present your Order on Motion for Continuance to a judge. Tell the clerk the continuance is agreed.

Follow the clerk’s instructions on how to present your Order on Motion for Continuance to a judge.

If the judge signs your Order on Motion for Continuance, take the signed order back to the clerk’s office. Turn it in and ask for a file-stamped copy. Ask the clerk whether you need to let anyone else at the courthouse know that the continuance has been granted. You may need to let the court administrator know of the change so the court’s calendar can be updated.

Send a file-stamped copy of the signed Order on Motion for Continuance to the other side by email, fax, or commercial delivery. Keep proof that you sent it. You must bring proof when you go to court on your new hearing date. 

If you e-file the motion, the other party will likely be served with your order electronically, but it might be a good idea to follow up and make sure they received the motion.

Call the clerk’s office or court coordinator's office. Explain that you want to schedule a hearing on a motion for continuance. They will give you a date and time for the continuance hearing. 

They cannot advise you about the law. See What Court Staff Can and Cannot Do.

Fill out the Motion for Continuance and Notice of Hearing form completely in blue or black ink and sign it.

When you sign this motion, which includes a declaration under penalty of perjury, you are swearing under oath that everything in the motion is true.

Remember to:

• write why you need a continuance (remember you must have a good reason)
• write the date and time of the hearing,
• write the full physical address of the court where the hearing will be held, and
• fill out and sign the Certificate of Service.

Turn in your completed Motion for Continuance and Notice of Hearing form at the clerk’s office and get a copy for both you and the other side. The clerk will “file-stamp” your forms with the date and time and return the copies to you.

Send a file-stamped copy of the Motion for Continuance and Notice of Hearing to the other side. Send it on the same day you get the continuance hearing date. If the other side has a lawyer, send it to the lawyer instead of directly to the other side.

Send it

• by fax, or
• by email, or
• by commercial delivery service (such as FedEx or UPS), or
• by personal delivery, or
• by certified mail, return receipt requested, and regular mail. (This way may take too long.)

Keep proof that you sent the Motion for Continuance and Notice of Hearing to the other side. Bring that proof to your continuance hearing.

If you file the motion electronically, make sure the other party's email is in the e-filing system so that they are served a copy of your motion.

Be ready to explain to the judge why you need a continuance. Bring proof that you sent the Motion for Continuance and Notice of Hearing to the other side. Bring the Order on Motion for Continuance for the judge to sign. Remember, the judge may or may not give you a continuance.