You can request a court date change, but the court must approve it
Whether the court will move your date depends on your reason, how much notice you give, and what type of case you have. You cannot straightforward pick a new date—you must file a formal request, called a motion to continue or continuance request, and the judge decides whether to grant it. Courts are more likely to approve requests made well in advance than those made days before your hearing.
The process differs between criminal cases, civil cases, and small claims court. In criminal cases, both the prosecution and defense must usually agree, or the judge must find good cause. In civil cases, you may need the other party's consent. Small claims courts often have stricter rules and fewer grounds for postponement. Starting the request as soon as you know you cannot make the date gives you the best chance of success.
Key Takeaways
- You must file a written motion to continue with the court that scheduled your hearing, not call or email the judge directly.
- Courts require a legitimate reason—illness, a lawyer's unavailability, a scheduling conflict with another court date, or a death in the family are common grounds; personal inconvenience usually is not.
- Request the change as early as possible, ideally weeks before your court date, because last-minute requests are denied more often.
- In criminal cases, the prosecutor may need to agree; in civil cases, the other party often must consent or the judge must find compelling reason to override their objection.
- If the court denies your request and you do not appear, you may face a default judgment, contempt charges, or a warrant for your arrest depending on the case type.
How to file a motion to continue
Contact the court clerk's office for your specific court—district court, superior court, family court, or whatever handles your case—and ask for the form or procedure to request a continuance. Many courts have a standard form you fill out and file in person, by mail, or through an online portal. The form asks for your case number, the scheduled date, your reason for the request, and proposed alternative dates.
Write your reason clearly and honestly. "I have a work conflict" is weaker than "I am scheduled for surgery on that date" or "My lawyer is in trial in another county." Courts understand that life happens, but they also manage hundreds of cases, so they need to know the request is genuine. Include any supporting documents—a doctor's note, a letter from your employer, proof of another court appearance—if you have them.
File the motion as soon as you realize you cannot attend. Filing it the week before your date is acceptable; filing it the day before is not. Some courts require you to serve a copy on the other party (the prosecutor in criminal cases, the other side in civil cases) and file proof that you did so. Ask the clerk whether service is required and how to do it.
What counts as a valid reason
Courts recognize certain reasons as legitimate grounds for a continuance. A medical emergency or scheduled surgery, the death or serious illness of a close family member, a conflict with another court date, or the unavailability of your lawyer are standard reasons judges accept. If you are representing yourself and cannot find a lawyer in time, that may also be grounds, though courts are less sympathetic to this reason than to a lawyer's genuine conflict.
Reasons courts usually reject include work schedules, vacation plans, childcare problems, or financial hardship. These are real difficulties, but courts see them as part of ordinary life and expect you to arrange your schedule around your court date. If you knew about the court date for weeks and did not plan around it, the judge is unlikely to postpone. The stronger your reason and the earlier you request, the better your chances.
Differences between criminal and civil cases
In a criminal case, both the prosecutor and the defense attorney must usually agree to a continuance, or the judge must find good cause on the record. If you are the defendant and your lawyer wants to postpone but the prosecutor objects, the judge will hold a hearing to decide. Judges in criminal cases are often reluctant to delay because it can violate your right to a speedy trial, so they may deny the request even if your reason is legitimate.
In a civil case—a lawsuit between two parties—the other side's agreement makes approval much more likely. If both parties consent, the judge usually signs off without question. If only you want the delay and the other party opposes it, the judge will weigh whether your reason outweighs the other party's interest in moving forward. Small claims court has stricter rules; many small claims judges limit continuances to one per case or allow them only for medical emergencies.
What happens if your request is denied
If the court denies your motion and you do not appear on the scheduled date, the consequences depend on your case type. In a civil case, the judge may enter a default judgment against you, meaning the other party wins automatically because you did not show up. In a criminal case, the judge may issue a bench warrant for your arrest, or you may be charged with contempt of court. In either situation, you will have to explain your absence to the court later, and it becomes much harder to undo the damage.
If your request is denied but you have a genuine emergency on the court date—you are hospitalized, for example—contact the court when ready and explain. Bring documentation. Courts are more forgiving of unavoidable emergencies than of planned absences you did not disclose. If you miss the date without any notice or explanation, assume the worst and contact a lawyer or the court clerk right away to find out what happens next.
Requesting a continuance in family court
Family court cases—divorce, custody, child support—have their own rules. Many family courts allow one continuance without the other party's agreement if you request it early enough, but subsequent requests usually require consent or a strong reason. Judges in family court are especially protective of children's interests, so they may deny a continuance if it delays a custody or support decision that affects a child.
If you are in a custody dispute or a protective order case, the court may be even less willing to postpone. Document your reason thoroughly and file as early as possible. If the other party agrees, include a signed stipulation (agreement) with your motion—courts approve these almost automatically.
Frequently Asked Questions
Can I call the judge's office and ask to change my court date?
No. You must file a formal written motion with the court clerk. Calling the judge's chambers or sending an email does not count as a legal request. The judge will not see it, and it will not be part of your case record. Always file through the proper court process.
How long does it take for the court to decide on my continuance request?
It depends on the court and how busy it is. If you file weeks in advance, you may hear back within days. If you file close to your court date, the judge may not rule until the day of your hearing. Some courts rule on motions in writing; others require you to appear and argue in front of the judge. Ask the clerk how long the typical wait is for your court.
What if I miss my court date and did not request a continuance?
Contact the court when ready and explain what happened. Bring documentation of your reason if you have it. The court may allow you to file a late continuance request or a motion to set aside the default judgment or warrant. The sooner you contact them, the better. Do not ignore the missed date—that makes everything worse.
Do I need a lawyer to file a motion to continue?
No. You can file the motion yourself if you represent yourself. The court clerk can tell you what form to use and where to file it. However, if you are in a criminal case or a complex civil case, having a lawyer increases your chances of approval because judges take lawyer requests more seriously than self-represented requests.
Can the other party stop me from changing my court date?
In some cases, yes. In civil cases, if the other party objects and the judge agrees with them, your request can be denied. In criminal cases, the prosecutor can object. However, if your reason is strong and you request early, the judge may grant it anyway. The key is filing as soon as you know you have a problem.