Time to file a Motion to Continue

How far ahead of a scheduled hearing does a motion to continue need to be filed? I’ve not gotten my subpoenas granted yet and may not have the information I need for court. A week ahead? Fill it out and bring it with me? Thanks.

There is not set timeframe for filing motions to continue. You can file a few weeks or days ahead or even make an oral motion on the day of court.

If you chose to make the motion in advance of the court date, you should file them and serve them on the other party. Have copies in the courtroom with you, but the original that you filed should be in the court file with the judge.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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