The court will send this notice to you, any other defendants, and the plaintiffs. If the court does not postpone the trial, the trial will be on the date when it is currently scheduled. The court will let you know that your request was denied and why on Form SC or other similar notice. Skip to main content Skip to topics menu Skip to topics menu. The requirements and procedures for postponing a court date do vary based on state and local laws, so you should also check with the court's office to verify what steps have to be taken.
If the clerk considers your grounds reasonable, they will tell you which forms or motions you need to file with the court. If everyone agrees to postpone the date, have one of your attorneys contact the court. Again, make sure you call the court to confirm the postponement. Did this summary help you? Yes No. Log in Social login does not work in incognito and private browsers. Please log in with your username or email to continue. No account yet? Create an account. Edit this Article. We use cookies to make wikiHow great.
By using our site, you agree to our cookie policy. Cookie Settings. Learn why people trust wikiHow. Download Article Explore this Article methods. Tips and Warnings. Related Articles. Article Summary. Co-authored by Clinton M. Method 1. Contact the court. The clerk will inform you how continuances are handled in that state, county, or city.
Any other supporting documents that you have, such as a doctor's note if you are asking for a delay because of illness, should be attached to the copies of your Motion to Continue. Again, it's the judge who decides whether or not your reason is good enough to change the court date.
You should not file a Motion to Continue if the hearing date you wish to continue has already passed. In this case, you may have had a default judgment entered against you if you are the defendant. You can file a Motion to Vacate a Default Judgment. If you are the plaintiff , the case might have been dismissed. If your case was dismissed, you will need to refile it. If you have 7 days or fewer until the court date, you don't have enough time to contact the other side about the hearing.
You should contact the judge's clerk and ask them what you should do. They may want you to still file your Motion to Continue , or they may tell you it's too late.
At the very least, it shows the judge that you did not forget about the court date and tried to change it. However, a judge is more likely to give permission if the other side agrees.
If they agree, you should have them put it in writing. You should tell the judge about the agreement. Most courts have their own set of rules called " local rules " that include specific requirements for filing motions.
Similarly, judges sometimes have special instructions for motions in their courtroom. These instructions are called "standing orders. You should follow whatever those instructions are. If your motion is approved, your deadline or appearance date will be reset to the date you have requested, and the suit will continue as normal. If your motion is not approved, you will be expected to go to the court dates or follow the deadlines that were already set.
If you do not follow these court dates or deadlines, you may receive a default judgment against you. If you have a good reason for requesting a due date extension or that a traffic court trial date be moved back, there's a good chance you'll be able to get your request granted.
Every jurisdiction has different operating procedures. But on most traffic court websites, it specifies what you need to do to request an extension of time for a traffic ticket due date or traffic court trial.
Generally, you can request an extension in writing, by phone, or by showing up to the traffic court in person. Whatever method you use to request an extension of time, you'll probably need to have a reasonable explanation or why you need more time. Depending on the situation, you might be able to obtain an extension based on:. It's also important to make your request for an extension well in advance of your due date or trial date, especially if you're making your request in writing.
In some jurisdictions, there's a standard period of time for due date extensions and the like. This standard time is often 30 days.
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