Legal Hearing Postponement Request

LEGAL HEARING POSTPONEMENT REQUEST

Court:    Case Number:    Presiding Judge:

Applicant Name:    Counsel for Applicant:

Opposing Party Name:    Counsel for Opposing Party:

Hearing Type:    Currently Scheduled Date:    Time:

RECITALS

WHEREAS, Applicant is a party to the above-captioned action and a hearing currently is scheduled as indicated above; and

WHEREAS, Applicant asserts that good cause exists to continue the scheduled hearing because the circumstances described in Section 2 below materially affect Applicant's ability to proceed, and the requested postponement is necessary to preserve the parties' rights and to avoid prejudice; and

WHEREAS, Applicant has made the reasonable efforts required by applicable rules to notify and confer with opposing counsel regarding this request and has identified whether opposing counsel consents to the requested continuance in Section 3;

NOW THEREFORE, Applicant respectfully requests that the Court continue the hearing identified above on the terms set forth herein.

1. REQUEST FOR POSTPONEMENT

Applicant requests a continuance of the hearing currently set for to a new date of at . The requested continuance is for the period necessary to permit the matters described in Section 2 and to allow for preparation and timely administration of justice.

2. GROUNDS FOR CONTINUANCE

The continuance is sought for the following substantive reasons (select all applicable and provide detail):

  Additional time required for preparation due to newly discovered evidence.

  Unavailability of material witness(es) whose testimony cannot be procured by other means.

  Scheduling conflict for counsel or party due to unavoidable professional or medical obligations.

3. CONFERRAL/CONSENT

Applicant certifies that the following efforts to confer with opposing counsel have been made:

Date(s) of Contact:

Opposing Counsel Response:   Consents      Objects      No response received

If consent obtained, identify consenting counsel or party:

4. SUPPORTING DOCUMENTS

Applicant will submit the following documents in support of this request (attach or identify declarations, affidavits, medical records, witness declarations, or discovery documents):

5. IMPACT AND PREJUDICE

Applicant affirms that the requested continuance will not unduly prejudice the opposing party beyond the minimal delay necessary to address the grounds set forth above. Describe any anticipated prejudice or impacts on case schedule, trial date, or third parties:

6. SERVICE / NOTICE

7. PROPOSED ORDER AND ALTERNATIVES

Applicant requests that the Court issue an order continuing the hearing to the proposed date identified above. Applicant proposes the following alternatives if the Court cannot accommodate the proposed date:

  Proceed by telephonic or video appearance on the currently scheduled date.

  Short continuance of no more than days.

Other alternatives:

8. RELIEF REQUESTED

Applicant respectfully requests that the Court:

8.1 Continue the hearing presently scheduled for to at .

8.2 In the alternative, permit the parties to appear telephonically or by video as set forth above.

8.3 Grant such other relief as the Court deems fair and just.

GOVERNING LAW; MISCELLANEOUS PROVISIONS

Governing Law. This Request shall be governed by the procedural rules and laws applicable in the forum where the above-captioned matter is pending. Nothing in this Request waives any substantive rights or defenses of the parties.

Entire Agreement. This Request constitutes the complete written statement of the relief sought herein and supersedes any prior oral or written communications regarding the requested continuance.

Severability. If any provision of this Request is held invalid or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

NOTICES; AMENDMENTS; WAIVER; COUNTERPARTS

Notices. All notices required or permitted under this Request shall be provided in writing to the service addresses provided above or to counsel identified herein.

Amendments and Waiver. Any amendment to this Request must be in writing and executed by the party seeking amendment. Failure to enforce any provision shall not constitute a waiver of future enforcement.

Counterparts. This Request may be executed in counterparts and transmitted by electronic signature, each of which shall be deemed an original.

CERTIFICATION

I hereby certify under penalty of perjury under the laws applicable in the forum that the foregoing statements are true and correct to the best of my knowledge, that I have attempted to confer in good faith with opposing counsel regarding the requested continuance, and that the continuance is sought for the reasons stated herein and not for purposes of delay.

Sign Now