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Legal Joint Motion for Continuance

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LEGAL JOINT MOTION FOR CONTINUANCE

Court Name:   Division/County:

Plaintiff Name:   v.   Defendant Name:

Case Number:   Presiding Judge:

Hearing/Trial Type:   Currently Scheduled For:

RECITALS

WHEREAS, counsel for Plaintiff and counsel for Defendant (collectively, the Moving Parties) have met and conferred regarding the matter currently set for hearing or trial on the date stated above; and

WHEREAS, the Moving Parties jointly represent to the Court that good cause exists to continue the scheduled proceeding for the reasons set forth in this Joint Motion; and

WHEREAS, the Moving Parties believe that a brief continuance will promote efficient case management, permit completion of outstanding matters without prejudice to any party, and conserve judicial resources;

NOW, THEREFORE

The Moving Parties jointly request that the Court grant a continuance of the proceeding and enter an order consistent with the relief requested below.

1. MOTION FOR CONTINUANCE

The Moving Parties hereby move the Court for an order continuing the hearing/trial currently scheduled on to a new date on or after . The Moving Parties request that the Court issue a new date and, if appropriate, reset any related deadlines as set forth in Section 3 below.

2. GROUNDS FOR CONTINUANCE

The continuance is sought for good cause, specifically:

The Moving Parties represent that the requested continuance is not sought for purposes of delay, but rather to permit the completion of essential pretrial matters and to avoid undue prejudice. The Moving Parties will use the additional time to:

3. PROPOSED NEW DATES AND DEADLINES

Requested new hearing/trial date: .

4. CERTIFICATION OF JOINT REQUEST

The undersigned counsel certify that they have conferred in good faith concerning the subject of this Motion and that this request is made jointly. Counsel further certify that the requested continuance is unopposed by the Moving Parties unless otherwise indicated below.

All parties consent to the continuance: Yes    Any party objects

If any party objects, identify the objecting party and basis for objection:

5. PROPOSED ORDER

The Moving Parties respectfully request that the Court enter an order continuing the hearing/trial and resetting related deadlines in accordance with the dates proposed above. The Moving Parties propose that the Court retain jurisdiction to make such additional modifications to scheduling as the Court deems appropriate.

6. NOTICES

Service of this Motion and any subsequent order shall be effected upon counsel at the contact information provided below. Service in accordance with the applicable rules of civil procedure shall be sufficient.

7. MISCELLANEOUS PROVISIONS

Governing Law: This Motion and any order entered in response shall be governed by the laws of the jurisdiction in which the Court sits.

Entire Agreement: This Joint Motion constitutes the complete agreement between the Moving Parties with respect to the continuance requested herein and supersedes any prior oral or written agreements on this subject.

Severability: If any provision of this Joint Motion is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments and Waiver: Any amendment or waiver of any provision of this Joint Motion must be in writing and signed by the parties seeking the amendment or waiver. No failure or delay by any Moving Party in exercising any right under this Joint Motion shall operate as a waiver.

Counterparts: This Joint Motion may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

8. DECLARATION AND CERTIFICATION

The undersigned declare under penalty of perjury under the laws of the relevant jurisdiction that the foregoing is true and correct and that they are authorized to make this Joint Motion on behalf of their respective clients.

Plaintiff Counsel (Print Name):

By:

Date:

Defendant Counsel (Print Name):

By:

Date:

Enter text✕

What a Legal Joint Motion for Continuance Is

A Legal Joint Motion for Continuance is a court filing in which two or more parties jointly request that a judge postpone a scheduled hearing, trial, or other proceeding. The motion identifies the case caption and number, explains the mutual basis for the requested delay, proposes new scheduling dates or deadlines, and includes a proposed order for the judge to sign. Joint motions signal that opposing sides agree to reschedule, which may increase the likelihood the court will grant additional time while minimizing adversarial dispute.

Why parties file a joint continuance motion

Filing a joint motion reduces procedural friction by showing judicial cooperation, protects client interests when additional time is needed for discovery or settlement, and preserves judicial resources by aligning schedules. Courts often favor joint requests when good cause is demonstrated.

Why parties file a joint continuance motion

Who typically prepares and signs this motion

Several roles commonly prepare and submit a joint motion for continuance depending on case type and representation status.

  • Plaintiff and defense attorneys coordinating schedules and showing mutual agreement on a new hearing date.
  • Pro se litigants who jointly agree on a continuance and submit a signed, verified request to the court.
  • Court clerks and judicial assistants processing filings and scheduling new hearing dates after judicial review.

Identify the proper signatories and confirm service requirements before filing to avoid delays or denial by the court.

Common signatories and their roles

Civil Litigation Attorney

Attorneys for both sides draft and sign the joint motion to show agreement, typically attaching a proposed order and proposed rescheduling dates. Counsel should confirm local rules for timing, service, and any required meet-and-confer recitals.

Pro Se Litigant

A self-represented party may join or sign a joint motion if all parties consent; courts often require clear contact information, a verified statement of agreement, and explicit proposed dates to consider the request.

Essential components to include in a professional joint motion

A well-structured joint motion lists core elements so the court can evaluate and rule without extra requests for information.

Case Caption

Full court name, case title, docket number, and assigned judge must appear exactly as on file so the clerk can route the motion correctly.

Joint Statement

A clear statement that the motion is joint and that all parties/counsel agree to the requested continuance, describing each party’s assent.

Grounds

Concise factual or scheduling reasons for the continuance (e.g., pending discovery, scheduling conflicts, settlement discussions), focusing on good cause.

Proposed Dates

Specific alternative dates or a date range for the rescheduled proceeding; avoid vague phrasing and provide several options if possible.

Proposed Order

Attach a proposed order the judge can sign that reflects the motion’s requested relief and new deadlines to streamline judicial action.

Signatures & Service

Signatures of counsel or parties, date of signature, and a proof-of-service statement showing how and when opposing parties and the court were served.

Step-by-step: preparing and filing a joint continuance motion

Follow a clear sequence to prepare a joint motion and reduce the chance of rejection or delay by the court.

  • 01
    Confer with opposing counsel: Agree on reasons and possible new dates.
  • 02
    Draft the motion: Include caption, joint statement, grounds, and proposed order.
  • 03
    File with the court: Use the court’s e-filing system or clerk’s office per local rules.
  • 04
    Serve all parties: Provide proof of service consistent with the court’s requirements.

How to configure an online workflow for this motion

When preparing and circulating the joint motion electronically, set fields and workflow rules so signatures, attachments, and notifications are automated.

Field Configuration
Signature Block Place signer fields for counsel and parties; require date.
Authentication Use email link or SMS code as primary authentication.
Attachments Attach proposed order and supporting declarations as PDFs.
Notifications Auto-notify all signers and generate proof-of-service file.

Digital delivery and signing considerations

Verify the platform supports the file types, signer authentication, and audit logs required by your court and local rules.

  • File Type: PDF or court-preferred format
  • Integrations: E-filing portals and case management
  • Authentication: Email, SMS, or stronger methods

Retain an immutable audit trail and export a signed PDF and certificate of completion to include with your e-filed submission or proof of service.

Where and how to submit the joint motion

Identify the court’s accepted filing method and follow required service rules to ensure the motion is docketed and noticed to all parties.

  • Prepare Motion: Draft motion, proposed order, and service certificate.
  • E-file or Mail: Submit via court e-filing portal or clerk’s office.
  • Serve Parties: Serve opposing counsel and obtain proof of service.
  • Await Ruling: Judge issues order or calendars an oral argument.

Typical timing and deadlines to watch

Deadlines for filing and opposing responses depend on court rules; these general benchmarks are common but not uniform—confirm with local rules.

Advance Filing Window:

Typically 3–7 days before the scheduled hearing; some courts require longer notice.

Opposition Period:

Opposing parties often have 2–7 days to respond after service; check local procedures.

Proposed Order Submission:

Attach a proposed order at filing to speed judicial action.

Emergency Continuances:

For emergencies, notify the court immediately and follow expedited local rules.

Judge’s Decision Timeline:

Rulings may be issued the same day, within weeks, or set for hearing depending on court workload.

Key milestones from agreement to court order

A concise milestone sequence helps parties track responsibilities and expected timing until the court rules on the motion.

01

Agreement Reached

Parties confirm mutual consent to request a continuance.

02

Motion Drafted

Prepare joint motion, proposed order, and supporting documents.

03

File and Serve

E-file motion and serve proof of service on all parties.

04

Court Ruling

Judge signs order or schedules a hearing to address the request.

Common preparation pitfalls to avoid

  • Failing to include a proposed order or specifying alternative dates often causes denials or administrative returns.
  • Not serving all parties or failing to file proof of service can nullify the court’s ability to act on the motion.
  • Ignoring the judge’s local rules or electronic filing requirements leads to delays and potential sanctions.
  • Requesting continuances repeatedly without explanation weakens credibility and can result in hearing denial.

Consequences of improper or inaccurate motions

Motion Denial: Court may refuse the continuance.
Sanctions Risk: Unnecessary delays can prompt fee or conduct sanctions.
Prejudice to Client: Delay may harm litigation position or witness availability.
Scheduling Conflicts: Repeated requests create calendar congestion.
Evidence Exclusion: Deadlines for discovery may be unaffected.
Fee Exposure: Attorney or filing costs may increase.

Sample eSignature vendor comparison for filing and signing court documents

Compare baseline pricing and key compliance points when selecting an eSignature provider to prepare and circulate a joint motion for continuance.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
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Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Real-world scenarios where a joint continuance motion is used

Two practical examples show how joint motions streamline scheduling and protect party interests.

Commercial Lease Dispute

Parties agree to pause a dispositive motion while negotiating settlement

  • Agreement reached to request 30 days to finalize terms
  • The joint motion attached a proposed order and proposed new hearing date, enabling the court to grant a brief continuance and avoid duplicative briefing.

Personal Injury Case

Defense counsel and plaintiff counsel need medical records that will arrive in three weeks

  • Both sides request continuance to complete review
  • Filing a joint motion with proposed orders and alternate dates preserved deposition schedules and prevented witness conflicts while discovery concluded.

Security and compliance considerations for electronic submission

Encryption: TLS 1.2/1.3 in transit, AES-256 at rest
ESIGN & UETA: Compliant with federal and most state e-signature laws
HIPAA Support: HIPAA-compliant with BAA available
Audit Trail: Complete timestamps, IP, and action logs
21 CFR Part 11: Support for FDA-regulated record requirements
SOC 2 / ISO: SOC 2 Type II and ISO 27001 certified

Frequently asked questions about joint motions for continuance

Answers to common procedural and technical questions about preparing, signing, and filing a joint motion for continuance.


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