Can I e-sign a motion to continue?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, but confirm the court’s local e-filing and signature rules before submission.

What if opposing counsel does not agree?

File the motion with a clear factual record and certificate of service. Courts will evaluate prejudice and scheduling impact; lack of consent does not automatically preclude relief.

How should I document emergency reasons?

Attach a sworn declaration or physician statement that explains the emergency facts. Redact PHI where possible and cite local rules for evidentiary support if required.

Is notarization required for the motion?

Not typically for the motion itself. Declarations or affidavits may require notarization depending on local practice; remote notary (RON) availability varies by state.

What if the court rejects the e-filed motion?

Clerk will issue a rejection notice with reasons. Correct the formatting or missing items and refile promptly; preserve evidence of timely attempts where appropriate.

Can a continuance be reconsidered later?

Yes. Parties may seek further modification for new facts, but repeated requests without good cause risk denial and possible sanctions under local rules.

Electronic Signature
Templates
Legal
Legal Request to Continue

Legal Request to Continue

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

LEGAL REQUEST TO CONTINUE

This Legal Request to Continue is submitted by Requesting Party: ("Requesting Party") to Responding Party: ("Responding Party") in the matter captioned under Case Number: before the Court: currently set for hearing on . Presiding Judge: .

Recitals

WHEREAS, the Court scheduled a hearing or conference in the above-captioned matter for , and the parties have been provided notice thereof; and

WHEREAS, Requesting Party asserts that a continuance is necessary for good cause shown due to one or more of the circumstances described below, and Requesting Party represents that the continuance is requested in good faith and not for purposes of delay; and

WHEREAS, Responding Party has been notified of this request and the parties have engaged in reasonable efforts to confer concerning scheduling and availability as indicated in this Request.

NOW THEREFORE, for valuable consideration and the mutual covenants set forth below, the parties agree and request that the Court grant a continuance as set forth in this Request.

1. Requested Continuance

Requesting Party respectfully requests that the Court continue the current hearing date to a new date of: . Alternatively, Requesting Party requests a continuance for a period of days to permit the parties to complete outstanding matters described herein.

2. Grounds for Continuance

The continuance is sought on one or more of the following grounds (check all that apply) and as further described below:

Grounds (select applicable): Conflict of counsel or counsel unavailability Ongoing discovery or need for additional discovery Medical emergency of a party or essential witness Active settlement negotiations or mediation Other (describe):

3. Meet and Confer / Opposition

Requesting Party certifies that it has made reasonable, good faith efforts to confer with Responding Party regarding this continuance request. Certification of meet and confer: I certify that the parties conferred in good faith on . Responding Party position (select one): Responding Party CONSENTS to the requested continuance Responding Party OBJECTS to the requested continuance If Responding Party objects, state grounds for objection:

4. Proposed Order and Availability

Requesting Party will submit a proposed order embodying the continuance requested if the Court requires a proposed form of order. Proposed order submitted with this Request

Parties' mutually available dates or periods for rescheduling (list specific dates or ranges):

5. Effect on Other Deadlines and Proceedings

The parties state the continuance will affect the following deadlines, hearings, or orders (specify and indicate requested adjustments):

6. Fees and Costs

If any filing fee is required for this Request, indicate whether it has been paid or will be waived. Filing fee paid by Requesting Party Fee waiver requested If fee paid, amount:

7. Service and Notices

Methods by which Requesting Party has served or will serve this Request (check all that apply): Personal delivery U.S. mail Email service to counsel of record Facsimile transmission

Requesting Party contact for notices: Responding Party contact for notices:

8. Supporting Documents

Describe any declarations, affidavits, medical records, or other documents submitted in support of this Request:

9. Certifications and Statement of Truth

Requesting Party certifies under penalty of perjury under the laws of the jurisdiction that the statements made in this Request are true and correct to the best of Requesting Party's knowledge and belief, that the Request is not intended for delay, and that Requesting Party will promptly notify the Court and opposing counsel of any change in circumstances that may affect this Request.

10. Governing Law; Miscellaneous Provisions

This Request shall be governed by and construed in accordance with the laws and procedural rules of the jurisdiction in which the Court sits. Any dispute regarding the interpretation of this Request shall be submitted to the authority of that Court. The headings in this Request are for convenience only and shall not affect its interpretation.

Entire Agreement: This Request, together with any attachments and the proposed order if submitted, constitutes the entire agreement of the parties with respect to the continuance requested and supersedes any prior written or oral communications regarding the same.

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

Amendments; Waiver: Any amendment or waiver of any provision of this Request must be in writing and signed by both parties. No waiver of any breach shall constitute a waiver of any other or subsequent breach.

Requesting Party:

Printed Name:

By:

Date:

Responding Party:

Printed Name:

By:

Date:

What a Legal Request to Continue Is and When it’s Used

A Legal Request to Continue is a formal motion asking a court or tribunal to postpone a scheduled hearing, trial, or deadline. It explains why more time is needed, proposes alternate dates, and documents attempts to notify other parties. Courts evaluate continuance requests under local rules and federal procedures where applicable, and decisions turn on prejudice to other parties, preparedness, and scheduling order constraints.

Why a Proper Request Matters: Purpose and Legal Basis

A clear, well-supported request preserves procedural rights, prevents default or sanctions, and documents good-faith efforts to resolve scheduling conflicts. Under federal practice, extensions and scheduling changes are governed by the Federal Rules of Civil Procedure (see Rules 6(b) and 16(b)); electronic execution and service follow ESIGN (15 U.S.C. §7001) and applicable state UETA or ESRA law.

Who Typically Prepares and Uses This Request

The motion is usually prepared by counsel but can be drafted by self-represented litigants following local court rules and service requirements.

Civil defense and plaintiff attorneys who need schedule adjustments while preserving procedural posture.
In-house legal and compliance teams coordinating discovery-heavy matter continuances across multiple jurisdictions.
Self-represented parties (pro se) submitting motions where counsels’ calendars or emergency events require delay.

Always verify local filing rules and required certifications about notice to other parties before filing the request.

Typical Signers and Requestors

Civil Litigator

An attorney representing a party prepares the motion, certifies service on opposing counsel, and signs the filing under court signature rules. Counsel should reference the scheduling order, explain the reason for the continuance, propose alternate dates, and state whether opposing counsel consents.

Pro Se Litigant

A self-represented individual may prepare and sign the request, but must follow local civil or family court rules precisely, complete required proof-of-service forms, and be prepared to explain cause for continuance at any calendar call or hearing.

Core Components to Include in a Professional Request

A complete motion is concise, fact-based, and conforms to local formatting, service, and timing rules. Include a caption, clear relief sought, factual basis, proposed dates, certificate of service, and any supporting affidavits or exhibits.

Case Caption

Complete court caption with party names, case number, and judge or department information at top of motion.

Relief Sought

A short statement that the party requests a continuance of the hearing, trial, or deadline and the specific event to be rescheduled.

Grounds for Continuance

Concrete reasons (medical emergency, scheduling conflict, new counsel, incomplete discovery) supported by affidavits or declarations.

Proposed Dates

One or more alternative dates or a range, with explanation of availability and any calendar constraints.

Certificate of Service

Signed statement describing how and when opposing counsel and the court were served, per local rules.

Supporting Documents

Attach declarations, medical notes, scheduling emails, or other exhibits that corroborate the basis for the request.

Step-by-Step: How to Prepare and File the Request

Follow these steps to assemble and submit a compliant continuance request; adapt timing to local court rules and e-filing calendars.

01

Assemble case info: Confirm caption, case number, judge, and scheduled event details.
02

Draft motion: State relief, grounds, and proposed dates succinctly.
03

Attach evidence: Include declarations, emails, or medical documentation as exhibits.
04

File and serve: E-file per court rules and serve opposing counsel with proof.

Where to File and How the Process Usually Proceeds

Filing and acceptance vary by tribunal; use the court’s e-filing portal or clerk’s office and follow local calendaring procedures for hearing continuances.

Clerk review: Court clerk checks format, caption, and filing fee before acceptance.
Judge or calendar clerk: Assigned judge or calendar clerk reviews reasons and schedules a ruling or hearing.
Opposing party response: Opposing counsel may file an opposition or agree; local rules set response deadlines.
Ruling or order: Court issues an order granting, denying, or setting a hearing on the request.

How to Configure an Electronic Workflow for the Request

A simple eWorkflow reduces errors and ensures required fields and attachments are included before filing.

Field	Configuration
Case Caption	Required text field; auto-validate case number format
Hearing Date	Date field MM/DD/YYYY with calendar picker
Attachments	Mandatory upload for declarations and exhibits
Certificate of Service	Auto-generate service statement and signature field

Electronic Submission: Technical and Format Requirements

Courts and e-filing portals accept PDF or judge-specified formats; verify page size, signature style, and encryption settings.

File formats: PDF/A or searchable PDF preferred
Signature: Typed or e-signature accepted per court rules
Integrations: Works with e-filing portals and case management systems

When in doubt, check the court’s e-filing user guide and local rules for accepted electronic signature methods and required metadata.

Timing Considerations and Typical Deadlines

Timing rules differ across jurisdictions; file as early as possible and comply with local response windows to avoid denial or surprise hearings.

File promptly:

Submit motion as soon as the need arises; late filings risk denial.

Opposition window:

Local rules commonly allow 7–14 days for opponent responses.

Hearing scheduling:

Some courts set a hearing within 7–30 days after filing.

Emergency motions:

Emergency continuances may be requested same day with supporting affidavit.

Calendar conflicts:

Provide alternative dates and certify other counsel's availability status.

Key Milestones from Draft to Court Order

Numbered stages summarize the typical processing path from initial draft to final court order on a continuance request.

01

Draft and prepare

Compose motion, gather exhibits, and check scheduling order.

02

Serve opposing counsel

Provide notice and file certificate of service per local rule.

03

Clerk acceptance

Court clerk accepts filing and assigns a calendar or judge.

04

Ruling issued

Judge issues order granting, denying, or setting hearing on the motion.

Common Pitfalls to Avoid When Preparing the Request

Missing or incorrect case caption often causes clerks to reject filings or misplace the motion on the docket; always copy the caption from the complaint or last-filed pleading.
Vague reasons such as 'need more time' without supporting affidavits are frequently denied; include concrete facts and supporting documents.
Failure to certify service properly or to notify opposing counsel can lead to procedural sanctions or denial for lack of notice.
Proposing dates without checking the court calendar or failing to explain scheduling conflicts reduces the chance the court will grant the continuance.

Consequences of an Incorrect or Incomplete Request

Denial of Motion: Court may refuse continuance if rules not followed.

Sanctions: Clerks or judges may impose monetary or procedural sanctions.

Default Risk: Failure to appear may result in default judgment.

Evidence Exclusion: Late discovery may be excluded without continuance.

Ethical Issues: Misrepresentations to obtain continuance can implicate ethics rules.

Operational Delay: Case scheduling and client timelines may be adversely affected.

Required Security and Compliance Considerations for Electronic Filings

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Audit Trail: Timestamps, IP, and action history recorded

Authentication: Email, SMS, or advanced authentication options

Regulatory Compliance: ESIGN, UETA, and court e-filing rules supported

HIPAA Note: BAA required where health data included

Certificate: Signed document includes completion certificate

How a Request to Continue Differs from Related Filings

Quick comparison to distinguish a continuance request from extensions, stipulations, and emergency motions; availability and formality differ by filing type and jurisdiction.

Criteria	Motion to Continue	Stipulation
Formal filing required		often yes
Opposing consent	not required	typically required
Ruling needed		sometimes administrative
Urgency	variable	usually planned

Typical eSignature Pricing and Capabilities for Preparing and Executing Motions

Vendor pricing and core capabilities for e-signature platforms used to prepare and execute court filings and service documents. Pricing reflects annual-billing plan starter rates where available.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
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 vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Real-World Examples of Continuance Requests and Outcomes

Two real customer examples illustrate preparation and results when motions are supported with clear evidence and correct service.

Optica Ventures — Brian Fitzgibbons

A small-company counsel drafted a concise continuance with attached scheduling emails

Magistrate permitted a one-week continuance
The motion documented attempts to meet the original timeline, preserved argument positions, and avoided costly default.

Fertility Centers — John Butler

Healthcare counsel provided a physician declaration for emergency unavailability

Court granted continuance to accommodate treatment schedules
Properly redacted PHI and a signed certificate of service ensured compliance and acceptance.

Frequently Asked Questions About Requests to Continue

Answers to common procedural and technical questions that arise when preparing, signing, and filing a motion to continue.

Need help? Contact support

Can I e-sign a motion to continue?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, but confirm the court’s local e-filing and signature rules before submission.
What if opposing counsel does not agree?
File the motion with a clear factual record and certificate of service. Courts will evaluate prejudice and scheduling impact; lack of consent does not automatically preclude relief.
How should I document emergency reasons?
Attach a sworn declaration or physician statement that explains the emergency facts. Redact PHI where possible and cite local rules for evidentiary support if required.
Is notarization required for the motion?
Not typically for the motion itself. Declarations or affidavits may require notarization depending on local practice; remote notary (RON) availability varies by state.
What if the court rejects the e-filed motion?
Clerk will issue a rejection notice with reasons. Correct the formatting or missing items and refile promptly; preserve evidence of timely attempts where appropriate.
Can a continuance be reconsidered later?
Yes. Parties may seek further modification for new facts, but repeated requests without good cause risk denial and possible sanctions under local rules.

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