You can request a court date change, but the court decides whether to grant it
Whether you can change your court date depends on the type of case, how close you are to the hearing, and the reason you need to move it. Most courts allow you to request a continuance or postponement—the formal term for pushing a court date back. The court is not required to say yes. Judges grant continuances more readily early in a case and less readily as the trial date approaches. If you wait until a few days before your hearing, the court will likely deny your request unless you have a serious reason like a medical emergency or a death in the family.
The process differs between criminal cases, civil lawsuits, and traffic or small claims court. In criminal cases, both the prosecution and defense can request a continuance, but the defendant has stronger protections—the court must balance your right to prepare with the public's interest in a speedy trial. In civil cases, either party can ask, and the court weighs the inconvenience to both sides. In traffic and small claims court, the rules are simpler but judges are often stricter about granting delays.
Key Takeaways
- You request a continuance in writing or in person at the courthouse, and you must do this before your court date, not after it arrives.
- The court will consider your reason for the request, how much notice you are giving, and whether the other side objects to the delay.
- Common approved reasons include illness or injury, death in the family, a necessary witness who cannot attend, or needing more time to gather evidence.
- If the court denies your request and you do not show up, you may face a default judgment against you, a bench warrant, or criminal charges depending on the case type.
- In some cases, your lawyer can request the continuance on your behalf, but you are responsible for knowing about the request and the new date.
How to request a continuance in writing
The most reliable way to request a date change is to file a written motion with the court before your hearing. This creates a record that you asked and when you asked. You can obtain the motion form from the courthouse clerk's office, the court's website, or sometimes from a legal aid office if you cannot afford a lawyer. The form is usually called a "Motion for Continuance" or "Motion to Postpone."
On the form, you state your reason clearly—illness, work conflict, missing witness, or need for more time to prepare. Be specific: "I have a medical appointment" is weaker than "I am scheduled for surgery on [date] and my doctor has confirmed I cannot attend court on [court date]." Include any supporting documents: a doctor's note, a death certificate, a letter from your employer, or proof that a witness is unavailable. File the motion at least two weeks before your court date if possible. The closer you are to the hearing, the harder it is to get approved.
After you file, the court will either grant it, deny it, or schedule a hearing on the motion itself. If the court grants it, you will receive a new court date by mail. If it denies the motion, your original date stands. If you do not hear back within a week, call the clerk's office to confirm the motion was received and ask when you can expect a decision.
Requesting a continuance in person at the courthouse
If you cannot file in advance, you can ask the judge directly on your court date. Arrive early, dress professionally, and be prepared to explain your reason to the judge. Bring any documents that support your request—a medical note, a work letter, or proof of a family emergency. The judge will decide on the spot whether to grant the continuance.
This approach is riskier than filing in advance because the judge may be less sympathetic to a last-minute request, and you have already taken time off work or made the trip to court. If the judge denies your request, you must proceed with your case that day. If you have a lawyer, they can make the request on your behalf, which sometimes carries more weight.
What the court considers when deciding
Judges use a standard test to decide whether to grant a continuance. They weigh your reason against the court's interest in moving cases forward and the other party's interest in resolving the matter. A medical emergency or death in the family is almost always approved. A work conflict or a vacation you booked is rarely approved unless you gave notice months in advance. A missing witness or the need for more time to gather evidence may be approved if you explain why you could not prepare sooner.
The timing of your request matters heavily. If you ask two months before your court date, the court is more likely to say yes. If you ask two days before, the court is more likely to say no. The court also considers whether this is your first request or whether you have asked for continuances before in the same case—judges grow impatient with repeated delays.
Whether the other side objects also affects the decision. If the other party agrees to the continuance, the judge will usually grant it. If they oppose it, the judge must weigh both sides' interests. In criminal cases, the prosecution's position carries weight, but the defendant's constitutional right to prepare a defense also matters.
What happens if your request is denied
If the court denies your continuance request and you do not appear on your court date, the consequences depend on the case type. In a civil lawsuit, the judge may enter a default judgment against you, meaning the other side wins without a trial. In a criminal case, the judge may issue a bench warrant for your arrest. In traffic court or small claims court, you may lose by default or face additional fines.
If you miss your court date because the continuance was denied and you had a legitimate reason, you can file a motion to set aside the default judgment or to recall the bench warrant. This is harder to win than getting the continuance in the first place, so it is better to request the continuance early and in writing.
Continuances in criminal cases versus civil cases
Criminal defendants have stronger protections around continuances than civil parties do. The Sixth Amendment gives you the right to adequate time to prepare a defense, so courts must grant reasonable requests for delay in criminal cases. However, the Speedy Trial Act and state laws also require that criminal cases move forward, so judges balance your need for time against the public's interest in a quick resolution.
In civil cases, there is no constitutional right to delay, so judges have more discretion to deny continuances. Courts assume both sides have had time to prepare and may view a continuance request as a delay tactic. If you are the plaintiff (the person who filed the lawsuit), judges are often stricter because you chose when to start the case.
When you need a lawyer to request a continuance
You do not need a lawyer to request a continuance, but having one helps. A lawyer knows the local court's preferences, can file the motion correctly, and can argue persuasively to the judge. If you cannot afford a lawyer, you can request a continuance yourself by following the steps above. Many courts have self-help centers or legal aid offices that can show you how to file the motion.
If you have a lawyer, tell them when ready that you need a date change. Do not assume they will know. Your lawyer can file the motion, but you are still responsible for knowing about the new date once it is set. Ask your lawyer to confirm the new date in writing and to remind you a few days before the hearing.
Frequently Asked Questions
Can I change my court date by calling the courthouse?
Calling to ask is not enough. You must file a written motion or appear in person and ask the judge. A phone call creates no record, and the clerk cannot approve a continuance on their own. File the motion in writing or show up on your court date and request it from the judge.
What if I have a work conflict on my court date?
Work conflicts are rarely approved as a reason for a continuance unless you gave the court notice months in advance. Tell your employer about the court date as soon as you receive it and ask for time off. If you wait until the last minute, the court will likely deny your request. A letter from your employer explaining that you cannot be spared may help, but it is not may provide to work.
How long does a continuance usually last?
The court decides the new date when it grants the continuance. It could be a few weeks away or several months away, depending on the court's schedule and the reason for the delay. Ask the court clerk when you can expect the new date to be set, and confirm it in writing once you receive it.
Can the other side prevent me from getting a continuance?
The other side can object to your continuance request, and the judge will consider their objection. However, objection alone does not prevent the court from granting it. The judge weighs both sides' interests. In criminal cases, your right to prepare a defense may outweigh the other side's objection. In civil cases, the judge has more discretion.
What if I miss my court date because I did not know about the new date?
You are responsible for knowing your court date. If the court granted a continuance and sent you a new date by mail, you are expected to receive and read it. If you did not receive the notice, contact the court when ready and explain. You can file a motion to set aside any judgment entered against you, but you must act quickly—courts have strict important date for these motions, usually within 30 days.