Sample Motion for Continuance California: A Complete 2026 Guide

Table of Contents#

1. What Is a Motion for Continuance in California?
2. Eligibility: Valid (and Invalid) Reasons to File
3. California State Rules for Motions for Continuance
4. Step-by-Step Filing Process
5. Full Sample Motion for Continuance (California)
6. Common Mistakes That Get Your Motion Denied
7. FAQs
8. References

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What Is a Motion for Continuance in California?#

A Motion for Continuance is a formal written request submitted to the court to reschedule an existing court date (including hearings, trials, case management conferences, and mediation sessions). It applies to all case types in California: civil, criminal, family law, probate, and small claims.

Unlike informal requests for postponement (which may be allowed for minor small claims matters in some counties), a formal motion is required for most superior court cases, especially if the opposing party does not agree to reschedule. Small claims cases use a simpler process with Judicial Council Form SC-150 (Request to Postpone Trial) rather than a formal motion.

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Eligibility: Valid (and Invalid) Reasons to File#

California courts only grant continuances for good cause, meaning your reason for needing a reschedule must be legitimate and unforeseen.

Valid Reasons for a Continuance#

1. Sudden emergency: Serious illness, injury, death of an immediate family member, or natural disaster that prevents you from attending court or preparing your case
2. Need for additional time to hire legal counsel, if you were only recently served with court papers
3. Critical witness or expert is unavailable on the scheduled date, and their testimony is essential to your case
4. Delays in accessing required evidence (medical records, police reports, financial documents) that you cannot obtain before the original court date
5. Scheduling conflict with another court hearing, mandatory work obligation, or pre-planned travel that was booked before you received notice of your court date
6. In criminal cases: Insufficient time for your attorney to review new evidence filed by the prosecution

Invalid Reasons That Will Almost Always Be Denied#

1. Forgetting about your court date
2. Failing to prepare your case on time
3. Vacations or travel planned after you received notice of your court date
4. Minor inconveniences (e.g., childcare scheduling issues you could have resolved in advance)
5. Requests filed solely to delay the case or inconvenience the opposing party

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California State Rules for Motions for Continuance#

All motions for continuance must comply with California’s official court rules:

1. Civil cases: Governed by California Rule of Court 3.1332, which requires proof of good cause, reasonable notice to the opposing party, and evidence that the continuance will not cause unreasonable harm to either side
2. Criminal cases: Governed by California Penal Code 1050, which balances good cause requirements with constitutional speedy trial rights for defendants
3. Small claims cases: Governed by California Code of Civil Procedure Section 116.570, which allows simpler requests for postponement using Judicial Council Form SC-150
4. Service requirement: For civil cases, you must serve a copy of your motion to the opposing party (or their attorney) at least 16 court days before the motion hearing date, plus 5 extra calendar days if served via mail within California. For criminal cases, written notice must be filed and served at least 2 court days before the hearing
5. First request preference: Courts almost always approve first-time continuance requests if good cause is proven, especially if the opposing party agrees to the reschedule

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Step-by-Step Filing Process#

Follow these steps to file your motion correctly:

1. Confirm eligibility: Verify your reason for the continuance qualifies as good cause under California rules
2. Contact the opposing party first: Ask if they will stipulate (agree) to the continuance. Stipulated motions are approved 90%+ of the time, often without a required hearing
3. Draft your motion: Use the sample template below, customize it to your case, and attach supporting evidence (doctor's notes, witness statements, correspondence with the opposing party). For small claims cases, use Judicial Council Form SC-150 instead
4. File with the court: Submit your motion and supporting documents to the county superior court clerk. Filing fees vary by case type: $60 for a civil motion requiring a hearing,$20 for a continuance request of a hearing or case management conference, or $10 for a small claims postponement (if the defendant has been served). You may submit a fee waiver form if you qualify based on low income
5. Serve the opposing party: Send a copy of the filed motion via certified mail, email, or personal service, and file a Proof of Service form with the court
6. Attend the motion hearing (if required): Some courts waive hearings for stipulated motions, but you must appear if the court schedules one to argue your request

Emergency continuances: If you do not have enough time to file a standard motion (at least 16 court days before the hearing), you may file an ex parte application for an emergency continuance. Ex parte applications are used when there is not enough time for a standard motion and require you to show urgent circumstances

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Full Sample Motion for Continuance (California)#

Customize the template below to match your case details:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF [INSERT YOUR COUNTY]
[PLAINTIFF/PEOPLE OF THE STATE OF CALIFORNIA]:
[Full Name of Plaintiff / Prosecution]
        v.
[DEFENDANT]:
[Full Name of Defendant]

CASE NUMBER: [XXX-XXXXXX]

MOTION FOR CONTINUANCE OF [HEARING / TRIAL / CASE MANAGEMENT CONFERENCE]

COMES NOW [Your Full Name], [Plaintiff / Defendant / Pro Per Litigant] in the above-captioned matter, and respectfully requests this Court grant a continuance of the [proceeding type] currently scheduled for [MM/DD/YYYY], for the following reasons:

1. GOOD CAUSE EXISTS FOR THE CONTINUANCE
On [MM/DD/YYYY], I [was diagnosed with a severe upper respiratory infection by my treating physician Dr. Jane Doe / was notified that my key witness John Smith will be out of state for a mandatory family funeral on the scheduled court date / received notice that my requested medical records will not be released until [MM/DD/YYYY]]. This unforeseen circumstance prevents me from preparing and presenting my case fully on the original scheduled date. Supporting evidence is attached as Exhibit A [doctor’s note / witness statement / records request confirmation].

2. REASONABLE NOTICE PROVIDED TO OPPOSING PARTY
On [MM/DD/YYYY], I contacted [Opposing Party Name / Opposing Counsel Name] via [email / certified mail / phone call] to notify them of my request for a continuance. [They have stipulated to the request, and a signed stipulation form is attached as Exhibit B / They objected to the request, and a copy of our correspondence is attached as Exhibit B].

3. NO PREJUDICE TO EITHER PARTY
I am requesting the Court reschedule the proceeding to a date no earlier than [MM/DD/YYYY]. This [2-week / 30-day] delay will allow me to gather required evidence, secure witness testimony, and prepare my case adequately. No party will suffer harm as a result of this short, necessary delay.

4. NO UNREASONABLE DELAY
This is the first continuance I have requested in this matter. I have not previously asked to reschedule any court date, and this motion is not filed for the purpose of delaying proceedings.

WHEREFORE, [Your Full Name] respectfully requests this Court enter an order continuing the [proceeding type] currently scheduled for [MM/DD/YYYY] to a date on or after [MM/DD/YYYY], and for such other relief as the Court deems just and proper.

Dated: [MM/DD/YYYY]
_______________________________
[Your Full Name]
[Your Street Address]
[Your Phone Number]
[Your Email Address]
PRO PER LITIGANT / [ATTORNEY BAR NUMBER, IF YOU ARE REPRESENTED BY COUNSEL]

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Common Mistakes That Get Your Motion Denied#

Avoid these errors to increase your chance of approval:

1. Filing at the last minute: Courts rarely approve motions filed less than 3 business days before your scheduled court date, unless you are facing a life-threatening emergency
2. Failing to provide supporting evidence: Vague claims like “I was sick” without a doctor’s note will be immediately denied
3. Skipping service to the opposing party: Failing to notify the other side is a violation of California court rules and will result in your motion being dismissed
4. Requesting an unreasonable delay: Asking for a 6-month continuance for a $1,000 small claims case will be denied; keep your requested delay as short as possible
5. Misrepresenting facts: Lying about your reason for a continuance can lead to sanctions, fines, or even dismissal of your case

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FAQs#

Q: Do I need a lawyer to file a Motion for Continuance?#

A: No, you can file pro per (self-represented) using the sample template above. Most California county courts also offer free pre-printed motion forms for self-represented litigants. For small claims cases, use Judicial Council Form SC-150 (Request to Postpone Trial).

Q: How long does it take for the court to rule on my motion?#

A: Most courts issue a ruling within 1-2 weeks of filing. Stipulated motions are often approved within 3-5 business days.

Q: What if my motion is denied?#

A: You must attend your original scheduled court date. Failing to appear after a motion is denied can lead to a default judgment against you or a bench warrant in criminal cases.

Q: Can I file a motion for continuance for a traffic court date?#

A: Yes, most California traffic courts accept simple continuance requests online or via phone, but you will still need to show good cause for the reschedule. For small claims cases, use Judicial Council Form SC-150 (Request to Postpone Trial) instead of a formal motion.

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References#

1. California Rules of Court, Rule 3.1332: Motion or Application for Continuance of Trial (Civil Cases) https://courts.ca.gov/cms/rules/index/three/rule3_1332
2. California Penal Code Section 1050: Continuances in Criminal Cases https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=1050
3. California Code of Civil Procedure Section 116.570: Small Claims Postponements https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=116.570
4. California Courts Self-Help Guide: Change Your Small Claims Court Date https://selfhelp.courts.ca.gov/small-claims/change-court-date
5. California Statewide Civil Fee Schedule (Effective January 1, 2026) https://courts.ca.gov/system/files/file/statewide-civil-fee-schedule-eff-01012026.pdf