How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

Need to write a motion of continuance for a civil case in a

This answer was rated:

Need to write a motion of continuance for a civil case in a missouri court. we are in the middle of negotiations with the creditor that is taking us to court. neither i nor my husband are in the state...i am at work in florida, he is with our children in RI. Neither my husband has no job, no income. I am willing to work with Wells Fargo, but not at the amount tey are suggesting.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. A motion for continuance is generally granted only for (1) medical emergencies, (2) natural disasters, or (3) another issue out of your control. Simply asking from time without a good reason is not always granted. Ergo, someone in your situation may wish to provide some reason, such as seeking counsel, which may be helpful to persuade the Judge.

MOTION FOR CONTINUANCE

Here comes now (YOUR NAME), Movant, and bring this Motion for Continuance, and shows in support:

1. The hearing for ____ is currently set for __________.

2. Movant has not had sufficient time to find new counsel and requests the Court grant him time to do so.

3. This continuance is not sought solely for delay but that justice may be done.

Movant prays that the Court grant the Motion for Continuance.

Respectfully Submitted,

Signature

YOUR NAME
Pro se


Certificate of Service
I certify that a true copy of the above was served on each attorney or party of record.

YOUR NAME
Pro se

You can see another version of this motion here. Even though it is from Kansas, it still carries the same format, more or less.

The motion is filed with the Court (if you need instructions on how to do so, please tell me what court/county you are in) and then the clerk of the court is called and a date/time is requested for this to be heard; and a copy is sent to the other party along with a cover letter of time/date.

Then the matter is heard on that time/date and the Judge will either grant or deny the continuance.

I hope this helps and clarifies. Best of luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely and other Family Law Specialists are ready to help you
Thank you for your gratuity.