Purpose of the Document: A Motion for Continuance (Delay Trial) is a formal request submitted to the court by a party seeking to postpone a scheduled hearing or trial. The motion explains the good cause for the requested delay, provides factual support (often via declaration or affidavit), and proposes alternative dates or scheduling options for the court’s consideration.
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Common Grounds / Key Legal Terms
Motion for Continuance (Delay Trial) commonly asserts grounds such as counsel unavailability, newly discovered evidence, medical emergencies, ongoing discovery, or pending dispositive motions. Key terms: continuance, scheduling order, ex parte, good cause, continuance motion, substitution of counsel.
Use clear factual support — courts require good cause. Reference local rules regarding continuances and any deadlines for filing substitute counsel notices or continuance stipulations.
Step-by-Step: How to Apply Motion for Continuance (Delay Trial)
1. Identify the scheduled trial/hearing date and state the reason for delay. 2. Assemble supporting documents (affidavit, medical records, discovery). 3. Serve opposing counsel and file with the court per local rules. 4. Provide proposed order language and available dates. 5. Attend scheduling conference or hearing and rely on legal authorities supporting continuance.
Ensure timely filing — many courts require motions within set windows; ex parte relief may be necessary in emergency situations.
Documents Required for Motion for Continuance (Delay Trial)
Typical documents: the motion itself, a supporting declaration/affidavit (attesting to facts), proposed order, relevant medical or expert records, proof of attempts to notify opposing counsel, and any supporting discovery or correspondence. Include a signed Certificate of Service.
Label exhibits clearly and reference them in the declaration and motion text to make the court's review efficient.
Tips for Success
Be concise and factual. Provide dates, documentation, and a proposed alternative schedule. If counsel substitution is the reason, include timelines showing reasonable notice. Highlight any prejudice to the moving party if the motion is denied.
Where possible, obtain opposing counsel's stipulation — courts are more likely to grant continuances by agreement.