Legal Continuance Motion

LEGAL CONTINUANCE MOTION

Court:   Division:

Case Number:   Judge:

Movant Name:   Respondent Name:

Current Hearing/Trial Date:   Requested Continuance To:

RECITALS

WHEREAS, Movant is a party to the above-captioned action and a hearing currently scheduled for the date set forth above; and

WHEREAS, counsel for Movant has engaged in ongoing efforts to complete necessary discovery and to resolve pretrial matters but requires additional time due to circumstances described below; and

WHEREAS, Movant has conferred with counsel for Respondent regarding this continuance request and has attempted to minimize the prejudice to all parties while preserving the right to a fair proceeding.

NOW THEREFORE, Movant respectfully moves the Court for an order continuing the hearing set for the date identified above and states as follows.

1. BACKGROUND

On , Movant filed pleadings in this matter and a hearing was subsequently scheduled. The proceedings involve factual and legal issues including but not limited to those set forth in the operative pleadings and pretrial submissions.

2. GROUNDS FOR CONTINUANCE

Movant seeks a continuance for good cause shown. The motion is based upon the equities of the case, the interest of justice, and the need for adequate time to prepare. The specific grounds include:

Counsel scheduling conflict or unforeseen professional obligation

Newly discovered evidence or documents that could not have been obtained with reasonable diligence

Material witness unavailability

Ongoing settlement discussions that may render the hearing unnecessary

Legal Standard: Continuances are discretionary with the Court and are appropriate where a party demonstrates good cause, the absence of unfair prejudice to opposing parties, and that the continuance will facilitate the just, speedy, and inexpensive determination of the action. Movant submits that the facts set forth herein satisfy that standard.

3. DILIGENCE AND EFFORTS TO AVOID CONTINUANCE

4. CONFERENCE WITH OTHER PARTIES

Movant certifies the following regarding attempts to confer in good faith about this request:

Opposing counsel contacted:

Date of last contact:

Opposing counsel's position:

5. PROPOSED SCHEDULE

6. RELIEF REQUESTED

Movant respectfully requests that the Court:

1. Continue the hearing currently scheduled for the date identified above to the proposed new date or such other date as the Court may order;
2. Permit reasonable accommodations to any scheduling constraints set forth by counsel; and
3. Grant such other and further relief as the Court deems just and proper.

7. CERTIFICATE OF SERVICE

I certify that on , a true and correct copy of this Motion was served on the following persons by the method indicated below.

Service method:

Personal delivery    First-class mail    Email    Fax

GOVERNING LAW; MISCELLANEOUS PROVISIONS

Governing Law: This Motion and any order entered hereon shall be governed by the applicable rules and statutes of the jurisdiction in which this Court sits. Nothing in this Motion waives any claim, defense, or objection available to the parties under law or rule.

Entire Agreement: This Motion, including any attachments and declarations filed in support, constitutes the complete statement of Movant's request for relief with respect to the matters addressed herein and supersedes any prior informal requests, unless expressly incorporated by reference.

Severability: If any provision of this Motion is held to be invalid, illegal, or unenforceable in any respect, such invalidity shall not affect any other provision, and this Motion shall be construed as if such invalid or unenforceable provision had never been included.

Amendments; Waiver: Any amendment to this Motion must be in writing and signed by the movant or movant's counsel. No failure or delay by any party in exercising any right shall operate as a waiver of that right.

Sign Now