How to Request a Continuance for Small Claims Court

If for any reason you cannot at appear at a hearing scheduled by the court, you may request a continuance to postpone the proceedings. Some states make the continuance as easy while others require that both parties agree.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Copy of the original claim
• Computer with Internet access

Decide Whether You Are Eligible for a Continuance

1. Discuss the court date with your witnesses. If one of your witnesses cannot appear on the hearing date, you must decide whether his or her presence is really needed to prove your case. Some courts will allow a written statement in lieu of actual testimony.
2. Try to get the day off work for your hearing. While small claims cases are quick, you will not know your specific time until you arrive. If you cannot take a block of time off on the date of the hearing, you may request a continuance.
3. Provide evidence of the reason you need a continuance. For example, if you have already booked a vacation, you may be required to show proof of the plane tickets and state of purchase for the court to grant a new date.

Request a Continuance for a Case in Small Claims Court

4. Check applicable state laws regarding continuances. Links to almost every small claims court in the country can be found on the National Center for State Courts Web site (see Resources below).
5. Research whether you must file a small claims request for continuance form with the court clerk prior to the hearing date or if the new date must be set at the beginning of the hearing. Most states allow you to request the continuance in writing around five to 10 days prior to the hearing.
6. Choose a new date for the hearing. Most states allow you to request a specific date or range of dates when you file the continuance form.
7. Serve the other party with a notice to appear for the new court date. Some states simply mail the new court date to both parties.

Tips & Warnings

• Most states only allow the plaintiff to request a continuance if the defendant has not been served.
• Ask the court clerk to help you with a continuance. He or she knows better than anyone what is likely to be approved.
• The judge will usually not grant more than one continuance, so pick a date that you will be able to attend.
• Depending on your state, both parties may need to agree to the new date, so try to discuss a continuance before you request it.