Motion for Continuance
Request additional time before a hearing, trial, or other court proceeding when you need more preparation time.
Overview
A Motion for Continuance asks the court to postpone a scheduled hearing, trial, or other proceeding to a later date. In foreclosure cases, continuances are commonly requested when: you need additional time to complete discovery, a key witness is unavailable, you are actively negotiating a loan modification with the servicer, you have recently retained counsel who needs time to prepare, or medical or family emergencies prevent your attendance. Courts have broad discretion to grant or deny continuances. A properly supported Motion for Continuance — showing good cause, diligence, and lack of prejudice to the other side — is far more likely to be granted than a last-minute oral request.
Purpose
- •Obtain additional time to complete discovery or prepare for trial
- •Preserve your rights when a key witness or evidence is unavailable
- •Allow time for a pending loan modification to be processed
- •Accommodate medical emergencies, family crises, or other personal circumstances
- •Prevent prejudice when new counsel has been retained shortly before a hearing
When to File
File as soon as you know you need more time — ideally weeks before the scheduled hearing, not days. Last-minute continuances are viewed skeptically. If an emergency arises shortly before the hearing, file immediately and notify opposing counsel and the court. Many courts require a specific number of days notice for continuance requests.
Timeline
File as soon as the need arises — weeks in advance if possible. Emergency continuances can be filed days before the hearing but require extraordinary circumstances. The court typically rules within days (by minute order or at the hearing).
Key Elements & Requirements
Identification of the hearing/trial date you are seeking to continue
Specific reason(s) for the continuance: Detailed explanation of why you need more time
Showing of good cause: Why the continuance is necessary, not just convenient
Statement of diligence: That you have not been dilatory and have prepared as much as possible
Proposed new date or time frame: Show you have a plan, not just delay
Statement regarding opposing counsel's position: Indicate whether they consent or oppose
Legal Standard
Courts grant continuances upon a showing of 'good cause.' The court considers: (1) diligence of the moving party, (2) likelihood the continuance will accomplish its purpose, (3) inconvenience to the court and opposing party, (4) prejudice to either party, and (5) whether the moving party has contributed to the circumstances necessitating the continuance. Continuances are disfavored when they appear to be for delay rather than genuine need.
Strategy & Tips
Support your motion with evidence: doctor's notes, correspondence with the servicer showing active modification review, or documentation of when new counsel was retained. Get opposing counsel's position in writing — consent dramatically increases the likelihood of grant. Propose a specific new date showing you've checked the court's availability. Emphasize that a brief continuance will not prejudice the lender (foreclosure is a remedy in equity, not at law).
Court Filing Information
Where to File
The court where the foreclosure case is pending.
Fees
Typically no separate filing fee for motions.
Format
Standard motion format. Emergency continuances should be clearly marked as such.
Copies Required
Original to the court + copy to opposing counsel + your copy. In an emergency, call opposing counsel immediately and file electronically or in person.
Frequently Asked Questions
How many continuances can I request?+
There is no fixed limit, but each successive continuance is harder to obtain. The court will scrutinize repeated continuance requests for dilatory motive. If you genuinely need multiple continuances (e.g., discovery is complex, medical treatment is ongoing), document each reason carefully and show continued diligence.
Will a continuance stop a scheduled foreclosure sale?+
A continuance of a court hearing does not automatically stop a foreclosure sale. If a sale is scheduled, you need emergency relief — a TRO or stay — to stop the sale. A continuance only postpones court proceedings, not sales scheduled by a trustee or sheriff.
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