When is continuance appropriate?

A continuance is appropriate when necessary discovery cannot be completed despite timely, documented, good-faith efforts. Courts evaluate diligence, prejudice to the opposing party, and how the extension affects overall case scheduling.

What must meet-and-confer show?

The meet-and-confer description should list dates, participants, issues discussed, and specific requests made. Attach copies of emails or letters to substantiate effort and avoid denial for lack of diligence.

Can I e-sign declarations for the motion?

Yes, declarations may be electronically signed when ESIGN (15 U.S.C. ch. 96) or state law permits and the court accepts e-filed, electronically signed documents; confirm the court's e-filing and signature rules first.

How specific must the proposed schedule be?

Propose concrete new deadlines (MM/DD/YYYY) for discovery completion and downstream events. Vague requests like 'additional time' are less likely to be granted.

What if opposing counsel objects?

If opposed, be prepared to explain continued diligence, why the extension is proportional, and any compromise dates. Courts balance prejudice to opposing parties against the need for full discovery.

Will a continuance extend the trial date?

Not automatically. Some continuances shift trial dates; others adjust only related discovery deadlines. State whether the requested extension impacts trial and propose solutions if necessary.

Electronic Signature
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Motion for Continuance to Complete Discovery

Motion for Continuance to Complete Discovery

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MOTION FOR CONTINUANCE TO COMPLETE DISCOVERY OR IN THE ALTERNATIVE CONTINUANCE OF SUMMARY JUDGMENT MOTION

IN THE SUPREME COURT OF MISSISSIPPI

NO.

VS

COME NOW, the Plaintiffs, , and files this their Motion for Continuance and as grounds therefore would show that there has not been adequate time to respond to the motion at this time or in the alternative continued until the pending depositions can be taken, and would further show unto the Court as follows:

That lead counsel, did not receive the Motion for Summary Judgment filed by the defendants until .

That a discovery deposition was noticed on , , by the plaintiffs, and a Motion for Protective Order was filed by the defendant, which is pending at this time. That the said deposition will enable the plaintiff to rebut the defendant's claimed showing absence of a genuine issue of fact. That the plaintiffs' contend fraud the inducement on the part of the defendant and that the plaintiffs would be entitled to this discovery to show fraud in the inducement which has been placed in issue by the defendant's denial of wrongdoing.

That the deposition would be relevant to the issues of fraud in the inducement to establish a scheme or practice and the motive of the corporate defendant in conducting its underwriting practices as was done in this case.

WHEREFORE, PREMISES CONSIDERED, the plaintiffs' request that the Motion for Summary Judgment be denied on account of there not being adequate time to conduct discovery or in the alternative continued until reasonable discovery can be conducted.

Submitted, this the day of

By:

Attorney for Plaintiffs

CERTIFICATE OF SERVICE

This is to certify that I, have this date delivered the above and foregoing, MOTION FOR SUMMARY JUDGMENT BE DENIED OR IN THE ALTERNATIVE CONTINUED, PURSUANT TO RULE 56(f), by placing same in the United States Mail, postage pre-paid, to at their usual mailing address, which is

What a Motion for Continuance to Complete Discovery Is

A Motion for Continuance to Complete Discovery is a formal written request filed in pending civil litigation asking the court to extend deadlines or continue a hearing so the parties can finish discovery tasks. It explains the outstanding discovery, why additional time is needed, the steps taken to complete discovery to date, and a proposed new schedule or hearing date. Courts evaluate such motions under local rules and standards for good cause; the motion typically includes supporting declarations, a discovery plan, and proof of meet-and-confer efforts when required by court rule.

Why a Carefully Drafted Motion Matters

A clear, well-supported motion increases the chance a judge will grant more time to obtain critical evidence, preserve claims, and avoid default outcomes under rigid scheduling orders.

Who Typically Files and Responds to These Motions

Courts and opposing counsel expect concise justification, a proposed schedule, and documentation showing good-faith efforts to complete discovery before filing.

Plaintiff counsel seeking essential documents or depositions before a dispositive motion
Defense counsel needing expert reports, witness availability, or additional time for responses
Pro se litigants requesting additional time because of complexity or scheduling conflicts

Core Elements to Include in the Motion

A professional motion should present discrete facts, cite the relevant scheduling order or local rule, explain the discovery remaining, describe efforts already made, provide a proposed timeline, and attach supporting declarations and exhibits.

Caption and Relief

Case caption, title 'Motion for Continuance to Complete Discovery', and the exact relief requested with proposed dates.

Factual Basis

Concise statement of outstanding discovery, reasons for delay, and any unforeseen events preventing completion.

Meet-and-Confer

Description of communications with opposing counsel, dates of conferral attempts, and any stipulations or objections.

Proposed Schedule

Specific extension length, new deadlines, and how the extension affects other case dates.

Supporting Declarations

Declarations from counsel or witnesses verifying facts, attaching relevant emails, notices, or deposition notices.

Certificate of Service

Proof the motion and supporting documents were served on all parties according to court rule.

Step-by-Step: Preparing and Filing the Motion

Follow this sequence to prepare a complete motion that aligns with typical court requirements and minimizes risk of denial.

01

Draft Motion: Write a concise statement of facts, requested dates, and legal basis.
02

Assemble Evidence: Attach declarations, emails, deposition notices, and any relevant exhibits.
03

Meet-and-Confer: Document good-faith communications and include a certificate summarizing outcomes.
04

File and Serve: E-file or deliver per local rule and include a certificate of service showing delivery method and date.

How to Configure an Online Workflow for This Motion

Set up a reusable online workflow to assemble the motion, collect signatures, and file according to court e-filing rules.

Document Template	Use a prefilled motion template with dynamic fields for case caption and dates.
Signature Field	Add attorney signature and date fields; require signer authentication per court preference.
Attachments	Include upload slots for declarations, meet-and-confer logs, and exhibits.
Routing	Route to co-counsel for review, then to the filer for e-submission.
Audit Trail	Enable full activity history (timestamps, IPs) to preserve proof of execution and service.

Where to File and How the Motion Progresses

Understand filing destination and the procedural path the motion typically follows in civil courts.

Filing Location: File in the court that issued the scheduling order for the case.
E-Filing Portal: Use the court's e-filing system when available and follow local formatting rules.
Opposition Period: Opposing parties file responses according to the local rules' response deadline.
Hearing or Ruling: The court may schedule a hearing or rule on papers; prepare to address calendaring impacts.

Digital Submission and Authentication Considerations

Confirm local court e-filing and signature policies before electronic submission to ensure admissibility and acceptance.

File Format: PDF/A preferred for court filings.
Signer Authentication: Use email link + optional SMS or ID verification if court requires stronger authentication.
Audit Evidence: Preserve timestamps, IP logs, and certificate of completion for each signer.

Typical Deadlines and Time Expectations

Timing varies by jurisdiction; plan motions well before key dates to allow opposing response and court scheduling.

Discovery Cut-Off:

File motion at least 14–30 days before the discovery deadline when possible.

Opposition Window:

Allow the court's standard response period (often 14 days) for oppositions.

Hearing Scheduling:

Courts often set hearings 2–6 weeks after filing, depending on calendar.

Emergency Requests:

For expedited relief, request shortened time and explain urgency to the court.

Service Requirements:

Serve all parties per local rules; e-service deadlines vary by method.

Key Case Milestones Affected by the Motion

A continuance can shift multiple case milestones; map the downstream impacts before proposing new dates.

01

Discovery Cut-Off

Extend the final date for fact discovery to accommodate outstanding tasks.

02

Expert Disclosures

Adjust deadlines for expert reports and rebuttals if affected by discovery.

03

Motions Schedule

Ensure new dates give opposing parties fair time to file dispositive motions.

04

Trial Date

Note whether the proposed continuance conflicts with existing trial or pretrial deadlines.

Common Mistakes to Avoid

Failing to document meet-and-confer efforts or attach supporting correspondence.
Requesting vague or open-ended continuances without specific new dates.
Overlooking how an extension affects expert disclosure or dispositive motion deadlines.
Not verifying local rule requirements for e-filing, service, or attorney signature format.

Consequences of a Defective or Late Motion

Denial of Relief: Court may deny the motion and enforce existing deadlines.

Sanctions: Court can impose monetary or evidentiary sanctions for discovery delays.

Schedule Disruption: Late motions can delay trial dates and increase litigation costs.

Waiver: Failing to preserve issues in time may waive related claims or defenses.

Adverse Inference: Court may draw negative inferences from withheld or late discovery.

Service Defects: Improper service can lead to dismissal or require refiling, adding time and expense.

Comparing eSignature Options for Completing and Filing Motions

Choose a platform that supports courtroom-ready PDF output, audit trails, and the authentication level your jurisdiction or opposing counsel expects.

	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	Trial varies	Trial varies	Trial varies	Trial varies
Bulk Send	Yes (Premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA)	Yes	Yes	No	No

Frequently Asked Questions About the Motion

Answers to common procedural and content questions when preparing a Motion for Continuance to Complete Discovery.

Need help? Contact support

When is continuance appropriate?
A continuance is appropriate when necessary discovery cannot be completed despite timely, documented, good-faith efforts. Courts evaluate diligence, prejudice to the opposing party, and how the extension affects overall case scheduling.
What must meet-and-confer show?
The meet-and-confer description should list dates, participants, issues discussed, and specific requests made. Attach copies of emails or letters to substantiate effort and avoid denial for lack of diligence.
Can I e-sign declarations for the motion?
Yes, declarations may be electronically signed when ESIGN (15 U.S.C. ch. 96) or state law permits and the court accepts e-filed, electronically signed documents; confirm the court's e-filing and signature rules first.
How specific must the proposed schedule be?
Propose concrete new deadlines (MM/DD/YYYY) for discovery completion and downstream events. Vague requests like 'additional time' are less likely to be granted.
What if opposing counsel objects?
If opposed, be prepared to explain continued diligence, why the extension is proportional, and any compromise dates. Courts balance prejudice to opposing parties against the need for full discovery.
Will a continuance extend the trial date?
Not automatically. Some continuances shift trial dates; others adjust only related discovery deadlines. State whether the requested extension impacts trial and propose solutions if necessary.

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