This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.
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Postponing a court date, no matter the reason, typically requires permission from either the court or opposing counsel, though more specific rules vary based on regional laws. If you physically cannot be present on the court date, you can obtain a continuance either by appealing to the judge or agreeing with the opposing counsel on a new date. If you can appear before the court but won't be ready for the case, you may be able to show up and ask the judge for more time. The requirements and procedures for postponing a court date do vary based on state and local laws, so you should also check with the court's office to verify what steps have to be taken.
Steps
Requesting a Continuance Before the Date
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1Contact the court. Call or visit the clerk’s office of the court that is handling your case and explain why you cannot attend the scheduled date. The clerk will inform you how continuances are handled in that state, county, or city.
- In most cases, obtaining a continuance will need to be handled a certain number of days in advance of the court date. Contact the court as soon as you are aware you cannot attend to give yourself ample time.
- When communicating with the clerk have your court date, case number, and any other relevant information available.
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2Take the directed action. If the reason you cannot attend is an appropriate basis for a continuance, the court will inform you what forms or motions must be filed with the court.
- The exact forms or motions that need to be filed will vary based on the state or local rules or even the rules that the judge has set for her own courtroom.[1]
- For instance, in most civil cases in Illinois, to change a court date, you will be required to file a motion to continue. Some common reasons that form the basis of that motion are because you cannot be present because you will be out of town, in the hospital, or incarcerated. You may also file a motion to continue because you need to hire an attorney or because a key witness or piece of evidence will not be available on the scheduled day. [2]
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3Confirm the continuance. After you take the necessary action, contact the court’s office again to ensure that the continuance was approved and the date was rescheduled. Do not skip the original date until you receive confirmation of cancellation of the original date and a rescheduled date.
Agreeing to a Postponement with the Opposing Counsel
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1Contact the opposing counsel. Documents that you receive from the court about the court date will most likely include the contact information of the opposing parties’ attorney. If that information is not readily identifiable, the court clerk’s office can provide that information to you.
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2Come to an agreement. Despite the adversarial nature of litigation proceedings, most of the time opposing counsel are reasonable people who might be might be agreeable to postponing the date if you simply ask. The opposing counsel will also be knowledgeable about how to go about continuing the date and whether it is possible given the circumstances. Be sure to put any agreement to postpone in writing.
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3Ensure that the postponement has been approved. In the case that you are able to come to an agreement to postpone the date, the court still needs to approve that continuance. Contact the court in advance of the date and confirm that the date has been changed.
- Do not simply rely on the word of the opposing counsel, as it is still an adversarial process and only you or your own lawyer can protect your rights.
- In many cases, the court will be more likely to grant the continuance if the both parties are in agreement about the postponement. [3]
- Try to maintain a civil and businesslike relationship with the opposing counsel when discussing scheduling and the case in general. [4]
Requesting a Continuance on the Date in Person
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1Attend the court date. If you desire a postponement of the date because you simply need more time, you can opt to attend and ask the judge for more time on that date.
- Check in with the judge’s clerk when you arrive. Tell them what case you are there for and that you would like to ask the judge for a continuance.
- It is always good advice to be punctual, dressed for court, and polite to the judge and all the court employees when attending a court date.
- Be sure to bring all documentation that is relevant to both your court date and the reason or reasons for the postponement.
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2Ask for more time. When the judge calls your case, approach the bench, and explain to the judge why you need more time to prepare your case.
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3Obtain confirmation. If the judge allows the continuance, the judge or clerk will give you confirmation, most likely in the form of a court order, of the postponement and the new date.
Warning
- Failure to be present if you have not received a continuance can result in extremely negative consequences including money penalties, loss of rights, and even incarceration. Be sure to confirm that your court date has in fact been confirmed before deciding not to attend the original date.
References
- ↑ http://www.americanbar.org/groups/delivery_legal_services/resources/pro_se_unbundling_resource_center/pro_se_resources_by_state.html
- ↑ http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=7509&print=yes
- ↑ http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=7509&print=yes
- ↑ https://lawyerist.com/32528/communicate-opposing-counsel/
- ↑ http://www.lawhelp.org/find-help
About This Article
If you need to postpone a court date, call or visit the clerk’s office of the court handling your case as soon as possible and explain why you can’t attend the scheduled date. If the clerk considers your grounds reasonable, they will tell you which forms or motions you need to file with the court. Once you’ve filed the necessary paperwork, make sure you call the court’s office again before your original court date to confirm its postponement. Alternatively, contact the opposing parties’ attorney and try coming to an agreement to delay your court proceedings. If everyone agrees to postpone the date, have one of your attorneys contact the court. Again, make sure you call the court to confirm the postponement. For more tips from our Legal co-author, including how to request a continuance on the court date if you’re unprepared, read on!
