Obtaining a Continuance in Magistrate Court



Obtaining a Continuance

You may want to consult with the opposing party about whether or not a continuance is acceptable. If both parties agree on a continuance, then let the judge's staff (calendar clerk or Clerk of Court) know as soon as possible that you have a conflict and a written motion will probably not be required by the affected party. But if the opposing party objects to a continuance, you will have to file a motion stating why the continuance is needed.

Whether a continuance is granted is within the discretion of the judge.

Any party may ask for a continuance in a case. The Court will make a ruling on the request. All other parties in the case should be given notice of the request for a continuance. If you are going to ask for a continuance, you should first contact the other parties and then the judge's office - not the judge directly - to notify them of your request.


Last Review and Update: Jan 08, 2014