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.
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] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source 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] X Research source
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] X Research source Try to maintain a civil and businesslike relationship with the opposing counsel when discussing scheduling and the case in general. [4] X Research source
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.
