Pleadings and Motions
Procedural Motions
Continuance requires good cause such as witness unavailability, counsel conflict, illness, or newly discovered evidence. Courts weigh diligence, prejudice to the opposing party, prior continuances, and effect on the docket.
Denial is reviewed for abuse of discretion.
Alternative Names:
Continuance Motion, Motion to Postpone
Why it Matters?
Prompt filing is what distinguishes granted from denied motions, since a request made shortly before the date suggests the problem was foreseeable and not addressed. Supporting the motion with specifics about what was attempted to avoid the conflict is more effective than describing the conflict alone. Opposing counsel's position matters, and obtaining consent before filing substantially improves the prospects even though it does not control.
Frequently Confused with
Related terms
Frequently asked questions
What most affects the outcome?
Does opposing consent control?
