How to Postpone a Court Date
Contact the court., Take the directed action., Confirm the continuance.
Step-by-Step Guide
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Step 1: Contact the court.
Call or visit the clerk’s office of the court that is handling your case and explain why you cannot attend the scheduled date.
The clerk will inform you how continuances are handled in that state, county, or city.
In most cases, obtaining a continuance will need to be handled a certain number of days in advance of the court date.
Contact the court as soon as you are aware you cannot attend to give yourself ample time.
When communicating with the clerk have your court date, case number, and any other relevant information available. -
Step 2: Take the directed action.
If the reason you cannot attend is an appropriate basis for a continuance, the court will inform you what forms or motions must be filed with the court.
The exact forms or motions that need to be filed will vary based on the state or local rules or even the rules that the judge has set for her own courtroom.For instance, in most civil cases in Illinois, to change a court date, you will be required to file a motion to continue.
Some common reasons that form the basis of that motion are because you cannot be present because you will be out of town, in the hospital, or incarcerated.
You may also file a motion to continue because you need to hire an attorney or because a key witness or piece of evidence will not be available on the scheduled day. , After you take the necessary action, contact the court’s office again to ensure that the continuance was approved and the date was rescheduled.
Do not skip the original date until you receive confirmation of cancellation of the original date and a rescheduled date. -
Step 3: Confirm the continuance.
Detailed Guide
Call or visit the clerk’s office of the court that is handling your case and explain why you cannot attend the scheduled date.
The clerk will inform you how continuances are handled in that state, county, or city.
In most cases, obtaining a continuance will need to be handled a certain number of days in advance of the court date.
Contact the court as soon as you are aware you cannot attend to give yourself ample time.
When communicating with the clerk have your court date, case number, and any other relevant information available.
If the reason you cannot attend is an appropriate basis for a continuance, the court will inform you what forms or motions must be filed with the court.
The exact forms or motions that need to be filed will vary based on the state or local rules or even the rules that the judge has set for her own courtroom.For instance, in most civil cases in Illinois, to change a court date, you will be required to file a motion to continue.
Some common reasons that form the basis of that motion are because you cannot be present because you will be out of town, in the hospital, or incarcerated.
You may also file a motion to continue because you need to hire an attorney or because a key witness or piece of evidence will not be available on the scheduled day. , After you take the necessary action, contact the court’s office again to ensure that the continuance was approved and the date was rescheduled.
Do not skip the original date until you receive confirmation of cancellation of the original date and a rescheduled date.
About the Author
Sophia Clark
Creates helpful guides on cooking to inspire and educate readers.
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