You can request a court date change, but the court decides whether to grant it
A continuance is a formal request to postpone your court hearing to a later date. The judge has the final say on whether your reason is valid enough to reschedule. Courts are reluctant to delay cases, so a vague request rarely works. You need a specific reason — a scheduling conflict you cannot resolve, a missing witness, illness on the day of trial, or time needed to prepare your defense or gather documents.
The process differs depending on whether you are the one who filed the case (the plaintiff or prosecutor) or the one being sued or charged (the defendant). It also matters whether your case is criminal or civil, and how far along the case has progressed. A request made weeks before trial has a better chance than one made the day before.
Filing the request in writing and submitting it to the court before your hearing date gives you the strongest position. A last-minute verbal request in the courtroom is possible but much less likely to succeed.
Key Takeaways
- You must file a written motion for continuance with the court and serve a copy to the other party before your court date.
- The judge will only grant the request if you provide a legitimate reason — scheduling conflicts you cannot resolve, illness, or lack of preparation time are common grounds.
- Criminal defendants have stronger protections for continuance requests than civil plaintiffs, who may be seen as delaying the case.
- Filing at the last minute or without proper notice to the other party makes denial much more likely.
- If the judge denies your request, you still must appear on the scheduled date or risk a default judgment or arrest warrant.
How to file a motion for continuance
Start by contacting the court clerk's office that handles your case. Ask for the local rules on filing a continuance request — the exact format, number of copies, and important date vary by court. Most courts require the request in writing at least 5 to 10 days before your hearing, though some allow shorter notice if you have a genuine emergency.
Write a brief statement explaining why you need the delay. Be specific: "I have a work conflict I cannot reschedule" is weaker than "My only witness is deployed with the military until March 15 and cannot testify before then." Include dates, names, and facts the judge can verify or understand.
File the original with the court and send a copy to the other party's lawyer (or to the other party directly if they do not have a lawyer). Keep proof that you sent it — a signed receipt, email confirmation, or certified mail receipt. The court will not consider your request valid if the other side did not receive notice.
Reasons the court will and will not accept
Courts routinely grant continuances for illness or injury on the day of trial, death in the family, military deployment, or the sudden unavailability of a key witness. They also grant them when a lawyer needs more time to prepare, when documents have not yet been received, or when a party cannot afford to take time off work without severe hardship.
Courts rarely grant continuances because you are busy, because you forgot about the date, because you want to hire a different lawyer, or because you straightforward prefer a later date. In civil cases, judges are skeptical of continuance requests from plaintiffs, since the plaintiff chose to file the case and should be ready. In criminal cases, defendants have more leeway, especially if they are representing themselves.
If you are asking for a second or third continuance in the same case, the judge is much less likely to grant it. Repeated delays frustrate the court and the other party, and judges will eventually refuse.
What happens if you do not show up instead of requesting a change
Skipping your court date without permission is not the same as requesting a continuance. In civil cases, the judge may enter a default judgment against you, meaning the other party wins automatically. You may then owe money, lose property, or face other consequences that are hard to reverse.
In criminal cases, failing to appear can result in an arrest warrant being issued for you. You can also be charged with an additional crime — failure to appear — which carries its own penalties. Even if you eventually show up, the judge may impose bail or stricter conditions on your release.
Always request a continuance through the court rather than straightforward not showing up. If an emergency happens on the day itself and you cannot reach the court, contact them as soon as possible and explain what happened.
Continuances in criminal versus civil cases
Criminal defendants have a constitutional right to adequate time to prepare a defense, so judges grant continuance requests more readily in criminal cases than in civil ones. If you are charged with a crime and your lawyer says they need more time, the court usually allows it. However, the right to a speedy trial also works in the opposite direction — the prosecution cannot delay indefinitely, and neither can the defendant.
In civil cases (disputes between two parties over money, property, or contracts), the plaintiff is seen as the party who initiated the case and should be ready. Judges are more skeptical of continuance requests from plaintiffs and more willing to grant them to defendants who need time to respond. If you are suing someone and ask for a delay, the judge may deny it and tell you to proceed or withdraw the case.
What to do if the court denies your request
If the judge denies your continuance request, you must appear on the scheduled date. Failing to show up after a denial carries the same consequences as not showing up in the first place — default judgment in civil cases or an arrest warrant in criminal cases.
If you believe the judge's decision was unfair, you may be able to appeal it after the case concludes, but that is a separate legal process and does not stop the trial from happening on the scheduled date. Your best option is to prepare as much as you can before the hearing and appear as ordered.
If a genuine emergency occurs on the day of trial — you are in a car accident, a family member dies, or you are hospitalized — contact the court when ready and explain. Judges have discretion to postpone in true emergencies, even without a prior written request.
When the other party objects to your continuance request
The other party can file a written objection to your continuance request, arguing that the delay is unnecessary or that they will be harmed by waiting. The judge will read both your request and their objection before deciding. A strong objection — especially if the other party has already delayed the case or if the trial date has been set for months — can tip the judge toward denial.
You cannot prevent the other party from objecting, but you can strengthen your own request by showing that the delay will not harm them. For example, if you need time for a witness to return from travel, explain that the other party's case will not be affected by waiting two weeks. If you are requesting a delay because your lawyer is ill, note that the other party's lawyer will have the same extra time to prepare.
Frequently Asked Questions
How much notice do I need to give before requesting a continuance?
Most courts require at least 5 to 10 days' written notice before your hearing date. Check your local court rules or call the clerk's office to confirm the exact important date. Last-minute requests are possible but rarely granted unless you have a genuine emergency.
Can I request a continuance by phone or email?
Some courts accept email requests, but the safest method is to file a written motion with the court and send a copy to the other party by certified mail or hand delivery. Phone requests are generally not considered official and may not be recorded in your case file.
Will requesting a continuance make the judge think I am unprepared?
A single, well-reasoned continuance request usually does not harm your case. Judges understand that legitimate conflicts happen. However, multiple requests or requests that seem like stalling tactics can make you look disorganized or evasive.
What if my lawyer wants to request a continuance but I do not?
Your lawyer can file the request on your behalf, but you should discuss it first. In some situations, a delay helps your case; in others, it does not. Talk to your lawyer about the pros and cons before they file.
Can the judge change the court date on their own without me asking?
Yes. Judges can reschedule cases for their own reasons — a scheduling conflict, a backlog of cases, or administrative needs. If the court changes your date, they will notify you by mail or through your lawyer. You must appear on the new date unless you request another continuance.