How to Write a Successful Motion for Delay of Trial

Justice is a serious matter, so take the time you need to prepare.

A trial can be a stressful experience. In the midst of court-related stress and anxiety, it is easy to underestimate the amount of time needed to prepare for trial. If you feel you need more time to prepare, you need to give a motion to delay trial at your pretrial hearing. For your motion to succeed, you need to make clear to the court that you need time to prepare parts of your case.

Instructions

1. Write the date of your trial on top of a sheet of paper or word document. Make a note on your calendar to write the motion two months before the date of the pretrial hearing. Write the motion two months ahead of time so that you can hand it to your lawyer, who will use expertise to make necessary adjustments (your lawyer might change the wording of the motion to make it sound more professional).

2. Name the motion. At the top of the page, in the center of the page, write "motion to delay trial." If you want to include other actions in your motion, include those actions in the name.

3. Include key information about the trial and yourself. Write the date, time and place of your trial beneath the name of the motion. Write your name, address and telephone number in the upper left hand corner of the page.

4. Write the caption (case information). Include the county name, courtroom location, judge's name, case number, date and time in this section. If you do not know your case number, contact the court and ask the clerk.

5. Propose the motion you want the judge to pursue. Since you want to delay the trial, state that you want a delay of trial. Use language such as "I hereby ask this court to extend the date of the trial x days, to the xth day of month x."

6. Provide an explanation of why you need a delay. Include whatever factors have forced you to seek the delay. If you need more time to consult with your lawyer, include that. If you need to gather important documentation, include that. Include as many facts as you need to state your case. There is no limit to the length of a motion, so include as much information as you can.

7. Give the motion to your lawyer and ask to make adjustments. Your final motion will need to be submitted in legal language, so your lawyer ultimately will end up changing the text of the motion. If you are self-represented, consult a guide to legal writing.

Tips & Warnings

• This article does not constitute legal advice and is not meant to be taken as such. Always consult with a lawyer before preparing documents for submission to a court of law.

References

• On Your Own in Tax Court: How to Write a Motion -- Format
• Sixth Judicial Circuit of Florida: For Use with Motion To/For

Resources

• U. India Law School; How to Write Good Legal Stuff; Eugene Volokh and J Tatford; 2009