Reschedule (continue) your court hearing

If you don’t think you have enough time to get ready for or go to a court hearing, you can ask for a continuance to try to get more time. 

These instructions are for getting a continuance of a court hearing that was scheduled by the other party or the court. 

If you want to reschedule a hearing that you scheduled, check with the court clerk first. You may be able to just file a new Notice of Hearing form with the new date and time. If it is okay to do so in your county, you would write “Amended” at the top, above the title, file the Amended Notice of Hearing with the court clerk, deliver a copy to the judge, and serve a copy on the other party. 

What is a continuance?

It reschedules (continues) a court hearing date to a later day. 

It’s easier to get a continuance for a motion hearing than for a trial. Motions are usually scheduled on a “docket” or “calendar” with lots of other cases. At a motion hearing, the judge will only decide the specific issues the motion talks about. For a trial, the court schedules time just for your case. At trial, the judge hears everything the case is about. 

Don’t wait until the last minute to ask for a continuance! Do it as soon as possible.

To get a continuance for a motion, try to do it by agreement. File a motion for continuance if needed. 

To get a continuance for a trial, you must usually do all of these: 

• File a motion for a continuance with the court
• Schedule a hearing on your motion
• Deliver a copy of your motion, notice of hearing, and other related court papers to the other party (“serve” the other party)
• Go to the hearing on your motion

Do I need to have a reason to get a continuance? 

Yes. You must explain in your motion why you need the continuance. You must also show “good cause” for continuing the hearing. “Good cause” means having a very good reason for not being able to get ready for your case or go to your trial on the scheduled date. 

Why would I want the judge to continue the hearing? 

In most family law cases in Washington, if you receive motion papers, you must file a written response. There is usually a deadline for this. The most common reason to ask for a continuance is when you don’t think you can file a written response to motion papers in time. This is true in other types of civil cases, too.  

What is “good cause” to get a continuance? 

Here are some examples: 

• You didn’t get enough notice of the hearing. Example: You should have been served 7 days before a hearing. You only got the papers 3 days before. You should tell the judge that and ask for a continuance. 

How much notice you should get of your hearing depends on the type of case and county where the case is filed. A lawyer or court facilitator can tell you the right number of days.

• You’re still trying to get legal advice. You should tell the judge why you haven’t been able to get advice yet. For example, you live outside Washington, or you’ve contacted several places for help but haven’t been able to talk to a lawyer yet.

In this situation, you’d explain what steps you’ve taken to try to get help. Tell the judge if you have an appointment to meet with a lawyer or legal services.

• You can’t get the evidence you need by the date your response is due. Example: This is a custody case. The other parent said things about you in their motion papers that aren’t true. You need more time to get declarations from other people and school, medical, and/or criminal records.
• You don’t speak English as your first language. You need more time to find someone to translate the papers served on you and prepare your response. 

You have the right to interpreter services in court at no cost to you. Each court should have a contact person for interpreter requests. As soon as you find out about a court date, contact the court to ask for an interpreter in your spoken or signed language.

• You need more time to respond because you have a disability or a temporary disability, cannot read, or have problems with reading, writing, or understanding. 

Ask for an accommodation for a disability that limits your ability to take part in the court hearing. Each court should have a contact person for ADA requests. You can use the state’s Request for Accommodation form. As soon as you find out about a court date, contact the court to make this request.

Can I ask for a continuance on my own?

Yes. But it’s easier to get a continuance for a motion hearing than for a trial. Try to talk with a lawyer before filing a motion for a trial continuance. 

Most counties have their own rules about when and how you can get a trial continuance. If you can’t talk to a lawyer, try the court clerk, family law facilitator, or law librarian. 

Do I have to go to court to get a hearing continued?

Maybe not. For a motion hearing, you can ask the other party if they’ll agree to a continuance. 

• If they say yes, you shouldn’t need to file a motion for continuance. Follow the steps in the next section.
• If they say no, you can still file a motion for continuance or ask the judge for a continuance when you get to the hearing. The judge may be more likely to give you a continuance if you’ve asked the other party in advance and filed a motion. Get ready for the hearing as best you can in case the judge says no.

For a trial, in most counties you must file a motion for continuance and schedule a hearing on your motion, even if both parties agree.

If a restraining order says you and the other party cannot have contact, or you think it would be dangerous for you to talk to them, don’t try to get a continuance by agreement. Follow the steps to get a continuance by court order.