What Is a Continuance—and How Do You Get One?
If you’ve been scheduled for a court date and feel unprepared, overwhelmed, or unable to attend, you may be wondering whether you can ask the court for more time. That’s where a continuance comes in.
This article explains what a continuance is, why courts grant them, and how you can request one.
What Is a Continuance?
A continuance is a request to postpone or reschedule a court date to a later time.
When a continuance is granted, the case is not dismissed or decided—it is simply delayed. Courts use continuances to ensure fairness when a party has a legitimate reason for needing more time.
Continuances are common in civil cases, including:
Debt and creditor lawsuits
Small claims cases
Contract disputes
Family and probate matters
Why Someone Might Request a Continuance
Courts generally expect parties to appear on their scheduled date, but judges understand that real life happens. Common reasons for requesting a continuance include:
You need more time to prepare your case
You are trying to hire or consult an attorney
You were recently served and need time to respond
You have a work conflict or medical issue
You are waiting on documents or evidence
You never received proper notice of the hearing
A continuance is not meant to be used just to delay a case—but when there’s a valid reason, courts will often consider it.
Is a Continuance Automatic?
No. A continuance is not guaranteed.
A judge decides whether to grant or deny the request based on:
The reason for the request
Whether this is your first continuance
How much time you are asking for
Whether the other party would be unfairly harmed
The stage of the case
That said, first-time continuance requests, especially early in a case, are often granted when made properly.
How Do You Get a Continuance?
There are typically three ways to request a continuance. The correct method depends on your court and how soon the hearing is.
1. File a Written Motion for Continuance
This is the most formal and reliable method.
A motion for continuance is a written request filed with the court explaining:
The date of the scheduled hearing
The reason you need more time
How much additional time you are requesting
You usually must:
File the motion before the court date
Send a copy to the other party (or their attorney)
Some courts provide fill-in-the-blank forms; others require a written motion.
2. Request a Continuance at the Hearing
If you appear in court on your scheduled date, you may be able to ask the judge directly for a continuance.
When doing this:
Be respectful and concise
Clearly explain why you need more time
Be specific about how much time you are requesting
Judges are often more receptive when you show up and explain your situation, rather than failing to appear.
3. Agreement With the Other Party
In some cases, both sides agree to postpone the hearing.
If the opposing party or their attorney agrees:
The court may be more likely to approve the continuance
You may still need to file paperwork reflecting the agreement
Do not assume an agreement automatically changes your court date unless the court officially approves it.
What a Continuance Does—and Does Not—Do
It’s important to understand what a continuance actually accomplishes.
A Continuance Does:
Give you more time
Delay the hearing or trial
Allow you to prepare, gather documents, or seek legal advice
A Continuance Does Not:
Make the lawsuit go away
Stop deadlines unrelated to the hearing
Guarantee a favorable outcome
Protect you if you ignore future court dates
You must still comply with all court orders and new deadlines.
What Happens If You Don’t Ask for a Continuance?
If you miss your court date without requesting a continuance:
The court may proceed without you
The other party may win by default
A judgment could be entered against you
In many cases, asking for a continuance is far better than not showing up at all.
Tips for Requesting a Continuance Successfully
Ask as early as possible
Be honest and specific
Keep your request reasonable
Show respect for the court’s time
Put your request in writing when you can
Courts are more willing to grant continuances to people who appear responsible and engaged in the process.
The Bottom Line
A continuance is a legal tool that can give you time—one of the most valuable resources in a lawsuit. While it isn’t automatic, courts often grant reasonable requests when they are made properly and in good faith.
If you are feeling unprepared for a court date, asking for a continuance may be the step that helps you regain control of the situation instead of falling behind.
Understanding this one legal term can help prevent costly mistakes—and keep your case from moving forward before you’re ready.