When should I file a Motion for Continuance?

As soon as you know you need one. Most courts require continuance motions be filed at least 7-14 days before the current hearing — last-minute motions are typically denied unless there is a true emergency (medical incapacity day-of, witness death, etc.). Local rules vary; check your court's scheduling order.

What is the strongest grounds for a continuance?

Specifics. "I have an illness" is weak; "I have a previously-scheduled colonoscopy on [date] requiring 7 days of recovery, with a doctor's note attached" is strong. Judges grant continuances on facts, not categories. Counsel-conflict (with attached opposing court order) and discovery-pending (with attached outstanding RFP) are also strong.

Do I need opposing counsel's consent?

Not technically — but a consented motion is granted ~95% of the time. Always email opposing counsel before filing: "I am moving to continue [hearing] from [date] to [new date]. Will you consent?" If they say yes, the motion can recite their consent. If they oppose, the court will likely set a hearing on your motion.

Can the court deny my continuance?

Yes. Common denial reasons: (a) too close to hearing, (b) prior continuances already granted, (c) reason not credible, (d) opposing party prejudiced, (e) trial date set with court reservations. If denied, you must show up to the original hearing prepared. Courts also sometimes grant a partial continuance (e.g., move trial but keep pretrial deadlines).

How does this differ from a Motion to Reschedule?

Practically nothing. Some jurisdictions and courts use "Motion to Reschedule" for administrative changes and "Motion for Continuance" for substantive ones. The wizard output works for both — just rename the title in the caption if your court prefers "Motion to Reschedule."

All toolsUniversal civil-procedure template

Move the hearing.

Motion for Continuance — the universal procedural request that every civil litigant occasionally needs. Works across debt-defense, family-law, landlord-tenant, employment, small-claims. Caption, numbered grounds, supporting facts, opposing-party position, proof of service — all on one signed page.

Step 1 of 5•Caption (court + case + parties)

Caption — court, case, and parties

Court name (e.g., Third District Court, Salt Lake County)

Case numberState

Plaintiff nameDefendant name

Your role

When to use this

You just got served and the answer deadline / hearing is too soon to prepare.
A material witness is unavailable on the scheduled date.
Discovery responses are still outstanding and you can’t go to hearing without them.
You or your attorney is medically incapacitated.
Counsel has a conflicting hearing in another case (attach the opposing court’s order).

Sister wizards: just got served · motion to dismiss · set-aside default.