Motion for Continuance

A Motion for Continuance is a request to reschedule a court date.   In a Connecticut divorce case,  a Continuance filing is fairly common.

Some judges grant these motions routinely.  Other judges, tend to scrutinize the reasons behind the Continuance.

Judges have a lot of discretion in deciding whether to grant or deny a Motion for Continuance.  The trial court’s decision is almost always upheld on appeal.

Here are some typical factors a judge considers:

• The timeliness of the request for continuance;
• The likely length of the delay;
• The age and complexity of the case;
• The granting of other continuances in the past (weighed heavily);
• The impact of delay on the litigants, witnesses, opposing counsel and the court;
• The perceived legitimacy of the reasons offered in support of the request; and
• The [movant’s] personal responsibility for the timing of the request.

Sometimes, these motions appear to lack merit.  Other times, they are unavoidable.

The moving party is always required to advise the judge whether the other parties agree to the request.  Deciding to consent or object to rescheduling a court date is sometimes a difficult call.  But agreeing to a continuance does not guarantee that the motion will be granted.  However, in my experience it is an important factor.

There are also strategic reasons to filing this motion.  And there are also tactical reasons to agree if your opponent files.  Its really a case by case analysis.