How to File an Objection to a Motion for Continuance

By Audrey Farley
A party is entitled to object to a continuance.

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A Motion for Continuance is a motion that the court postpone a hearing or trial of a matter. Either party may move to continue. When a party moves to continue, the adversary party is entitled to object to the motion. To object, you must file a formal objection to the motion with the court. Some courts provide forms for objecting, while other courts require a party to submit a pleading in opposition.

Consult the local rules of the court to determine the deadline for responsive motions. Responsive motions, such as an Objection to a Motion for Continuance, normally must be filed within a certain amount of days upon the filing of the original motion. Obtain any required forms for filing an Objection to a Motion for Continuance.

Complete the required form for objecting to a continuance or draft a Motion in Opposition to the Motion for Continuance. Style the motion according to the local rules and guidelines for pleadings (normally, caption the pleading with the jurisdiction, venue, style of the case [party names], case number and title of the pleading). Set forth your reasons for objecting to continuance. Indicate the facts and points of law in support of your motion or against continuance.

Sign the Motion in the presence of a notary public commissioned by the state in which the case pends. File the original copy of the motion with the clerk's office in which the matter has been filed within the specified deadline for responsive motions. Send a copy of the motion to the adversary party.

Attend a hearing on the Motion for Continuance, if the court requires a hearing to settle the dispute. Formally present your objections to the Motion for Continuance before a judge.

About the Author

Audrey Farley began writing professionally in 2007. She has been featured in various issues of "The Mountain Echo" and "The Messenger." Farley has a Bachelor of Arts in English from the University of Richmond and a Master of Arts in English literature from Virginia Commonwealth University. She teaches English composition at a community college.

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