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Motion and Order to Continue

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MOTION AND ORDER TO CONTINUE WITHOUT DATE

STATE OF LOUISIANA

VS

: JUDICIAL DISTRICT COURT

: PARISH OF LOUISIANA

: DOCKET NO.

MOTION AND ORDER TO CONTINUE WITHOUT DATE

Defendant, through undersigned counsel, moves that the scheduled for 20 at o'clock .M. in the above-captioned case be continued without date.

The Assistant District Attorney, , has no objection to continuing this matter without date. Therefore, it is

ORDERED, ADJUDGED AND DECREED that the scheduled for 20, at o'clock .M., be continued without date.

Parish, Louisiana, this day of , 20

DISTRICT JUDGE

() LA

ATTORNEY FOR DEFENDANT

NO OBJECTION:

Assistant District Attorney

CERTIFICATE

I HEREBY CERTIFY that the above and foregoing has been forwarded to all opposing counsel by hand delivering a copy of same.

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What the Motion and Order to Continue Is and When It’s Used

A Motion and Order to Continue is a court filing that asks a judge to postpone a scheduled hearing, trial date, or deadline and, if granted, records the new schedule. The motion explains the reasons for the requested continuance, attaches any supporting affidavits or exhibits, and proposes alternative dates. The order is the court’s signed disposition granting or denying the motion and setting new dates. Procedures and required content vary by court and case type, so parties should confirm local rules and timelines before filing.

Why Filing a Clear Motion and Order to Continue Matters

A properly prepared motion preserves procedural rights, prevents default or dismissal, clarifies scheduling for all parties, and creates a record the court can enforce.

Why Filing a Clear Motion and Order to Continue Matters

Who Typically Prepares and Signs These Documents

Common users include litigators, self-represented parties, court clerks, and administrative staff who manage filings and calendars.

  • Trial Attorneys and Law Firms — prepare motions, certify service, and negotiate new dates with opposing counsel.
  • Pro Se Litigants — complete forms and submit supporting reasons when counsel is not retained.
  • Court Clerks and Calendar Coordinators — process orders, docket the new dates, and notify parties.

Who completes the form depends on representation status and local practice; many courts permit electronic filing and signing subject to local e-filing rules.

Representative Signers and Their Roles

Attorney — Lead Counsel

An attorney of record signs or files the motion certifying good-faith attempts to consult opposing counsel. The attorney’s signature confirms service, compliance with local rules, and representation of the moving party in subsequent scheduling matters.

Pro Se Litigant

A self-represented party may sign and submit the motion directly to the court. Pro se filers must verify the motion meets local procedural requirements and confirm whether electronic signatures and e-filing are accepted by that court.

Core Parts of a Professional Motion and Order to Continue

A motion and the accompanying order typically include jurisdiction and case identifiers, the moving party and counsel contact information, a concise statement of facts and reasons for continuance, a certification of service, proposed alternative dates, and a signature block for the judge or judicial officer.

Case Caption

Full court name, party captions, and docket or case number to ensure the motion is associated with the correct file and appears on the court docket.

Statement of Reasons

Clear factual basis for the continuance (conflicting schedules, need for additional discovery, unforeseen emergency) and why the requested length is reasonable.

Service Certification

Declaration showing how and when opposing parties or counsel were served, including delivery method and date, to satisfy procedural notice rules.

Proposed Dates

Specific alternate hearing or deadline dates that are calendared and available, plus any scheduling constraints for key witnesses or counsel.

Order Template

A short, court-ready order that the judge can sign adopting the requested continuance and setting the new dates and conditions.

Signature Blocks

Signature lines for counsel or party and the judge’s signature line; include printed names, bar numbers, addresses, and dates as required.

Step-by-Step: Preparing and Submitting a Motion to Continue

Follow a clear sequence: draft the motion, confer with opposing counsel, assemble exhibits, file or e-file, and serve all parties according to local rules.

  • 01
    Draft the Motion: Write concise grounds and propose new dates.
  • 02
    Meet and Confer: Attempt to agree on dates and note results in the motion.
  • 03
    Attach Evidence: Add declarations, calendars, or medical documentation supporting the request.
  • 04
    File and Serve: E-file where available and serve opposing counsel per local rule.

Typical Online Workflow for a Motion and Order to Continue

Electronic workflows streamline drafting, signature collection, and e-filing when courts and local rules permit electronic submissions.

  • Upload Document: Import the motion, proposed order, and attachments in PDF or DOCX format.
  • Place Fields: Add signature, date, and initial fields where required for counsel and parties.
  • Collect Signatures: Send to signers with appropriate authentication and capture an audit trail.
  • E-file or Deliver: Submit via court e-filing portal or deliver to the clerk according to local procedures.

Configuring an eSubmission Workflow

Set up authentication, formats, and notifications to match court rules and internal audit needs.

Field Configuration
Authentication Level Email link or SMS code; use stronger options for high-risk filings.
File Format PDF preferred; courts often require PDF/A for archival filings.
eService Notification Enable automatic delivery receipts to opposing counsel and the docketing contact.
Retention Policy Store signed copies and audit trails per retention policy and regulatory requirements.

Technical Requirements for eSigning and eFiling

Confirm the court accepts electronic submissions and note any required authentication or file-format constraints.

  • Integrations: Ensure your eSignature platform integrates with the court e-filing system or supports compliant PDF export.
  • Accepted Formats: Most courts accept PDF; some require PDF/A or locked documents for the docket.
  • Accessibility and Audit: Keep a complete audit trail and accessible copies per jurisdictional rules.

Align platform settings with court rules: authentication, retention, and format compatibility reduce rejection risk and preserve evidence of signing.

Timing Checklist and Common Deadlines

Deadlines for motions to continue are set by court local rules and scheduling orders; always verify the local rule or judge’s standing order before filing.

Motion Filing Timing:

File as soon as practicable; many courts expect advance notice and good cause for late requests.

Opposition Period:

Opposing parties may have a fixed window to respond; check local rules for specific periods.

Reply Deadline:

If replies are permitted, they must be filed within the court’s prescribed timeframe.

Hearing Reschedule:

If granted, the order will set new hearing dates and any conditions for continuance.

Clerk Processing:

Allow extra time for clerk review and docketing, especially with manual filings.

Key Milestones From Filing to New Court Date

Track each milestone so parties meet windows for service, opposition, and court action; this sequence represents a typical lifecycle.

01

Draft and Review

Prepare the motion and order and gather supporting affidavits.

02

Meet-and-Confer

Attempt agreement with opposing counsel and document the outcome.

03

File and Serve

Submit to the court and serve all parties according to local rules.

04

Court Ruling

Judge signs the order granting or denying the continuance and sets new dates.

Common Mistakes to Avoid

  • Late filing without explanation or evidentiary support can lead to denial or sanctions.
  • Failing to certify service or provide proof of notice to opposing counsel.
  • Requesting vague or open-ended continuances without specific proposed dates.
  • Neglecting to follow judge-specific standing orders or local court formatting rules.

Consequences of an Incorrect or Untimely Motion

Denial of Request: Motion may be denied, preserving the original date.
Sanctions: Court may impose sanctions under FRCP 11 or local equivalents.
Default Risk: Failure to appear may lead to default judgments or adverse rulings.
Scheduling Delay: Improper filings can cause additional delays and additional hearings.
Increased Costs: Extra hearings and briefing raise litigation expenses.
Record Challenges: Deficient documentation makes appellate review or enforcement harder.

Security and Compliance for Electronic Filings and Signatures

In-Transit Encryption: TLS 1.2/1.3 protects data during transmission.
At-Rest Encryption: AES-256 secures stored documents.
Certifications: SOC 2 Type II and ISO 27001 available for enterprise customers.
Authentication: Options include email, SMS code, and advanced signer verification.
Audit Trail: Tamper-evident logs capture IP, timestamp, and signing events.
HIPAA/BAA: HIPAA compliance available with a signed BAA when required.

Real-World Examples of Electronic Filing and Signing

These customer experiences show how secure e-signature workflows supported legal and transactional needs in practice.

Tim Martin, Founder — Martin Properties

Tim used digital signing to complete court-adjacent scheduling papers quickly.

  • The interface worked on mobile.
  • I can process and execute all of these documents online with 100% compliance and built-in security, enabling efficient handling of scheduling matters without in-person signings.

Brian Fitzgibbons, COO — Optica Ventures LLC

Brian deployed a simple signing workflow for legal and administrative filings.

  • Customers found it easy to use.
  • The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers, reducing turnaround time on signed court submissions.

Practical Tips for Accurate and Efficient Completion

Follow these best practices to reduce rejection risk and speed resolution when requesting a continuance.

Confirm Local Court Rules Before Filing
Read the judge’s standing orders and local rules to confirm deadlines, required language, signature or notary requirements, and whether e-filing or electronic signatures are accepted.
Document Meet-and-Confer Efforts
Include a short certification of your attempts to confer with opposing counsel and the result; courts often require a demonstration of good-faith efforts.
Attach Supporting Evidence
When relying on scheduling conflicts, medical reasons, or witness availability, attach clear supporting declarations, calendars, or medical notes redacted for PHI.
Provide Specific Alternative Dates
Offer concrete alternative dates rather than open-ended requests; courts are more likely to grant a continuance when an acceptable replacement date is proposed.

Frequently Asked Questions About Motions and Orders to Continue

Answers to common procedural and technical questions to help prepare compliant motions and reliable electronic records.


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