How to Ask for a Continuance in Court A Florida Guide
Learn how to ask for a continuance in court with our practical Florida guide. Discover valid reasons, procedural steps, and key tips for your case.
If you need to postpone a court date, you have to formally ask the judge for a continuance. This can be done in two main ways: by filing a written "Motion to Continue" before your hearing, or by asking the judge in person during your court appearance.
Either way, you need a solid reason—what the courts call "good cause." Think sudden medical emergencies or needing more time to find a lawyer, not just that the date is inconvenient.
Understanding When You Can Postpone a Court Date
Seeing a court date on a notice can be stressful, especially if you feel unprepared. A continuance is simply a formal postponement of that hearing, but getting one isn't automatic.
Florida courts grant them to make sure the legal process is fair. The purpose is to give both sides a reasonable opportunity to prepare their case, which is a fundamental part of your right to a proper defense.
Of course, the court's flexibility often hinges on the nature of the case. A judge will look at a request to delay a simple traffic ticket hearing very differently than a request for a DUI case where the consequences are much steeper. For more serious charges, judges are often more willing to grant a first continuance, especially if you’re trying to hire an attorney.
The Strategic Value of a Continuance
Think of a continuance as more than just a scheduling adjustment; it can be a strategic move. A well-timed postponement can give you—or your attorney—the time needed to build a stronger defense.
Here’s how that extra time can be beneficial:
Digging for Evidence: It gives you a chance to track down crucial evidence like dashcam footage, officer bodycam video, or witness statements that you couldn't get on short notice.
Hiring the Right Attorney: It provides a critical window to research, consult with, and hire a lawyer who can properly analyze the evidence against you. Our practice focuses on traffic and DUI defense.
Lining Up Your Witnesses: If a key witness has a conflict with the original court date, a continuance ensures they can be there to testify on your behalf.
For a charge like a DUI, this time is invaluable. It allows your lawyer to scrutinize the state’s evidence, from breathalyzer calibration logs to the arresting officer's report. It also gives you time to prepare for other related hearings, like the administrative license suspension hearing, which is a separate proceeding from your criminal case.
Key Takeaway: Asking for a continuance isn't about avoiding responsibility. It's a procedural tool meant to ensure fairness and allow for thorough preparation. The judge's main goal is to see that justice is served, and that includes giving you a fair chance to prepare your case.
Why Courts Scrutinize Continuance Requests
While postponements are a normal part of the legal process, judges have a duty to keep their dockets moving. They are naturally skeptical of requests that appear to be stalling tactics or attempts to frustrate the other side. This is especially true in Florida’s busy courtrooms, which often deal with significant backlogs.
This isn’t just a local issue. Courts nationwide are facing heavy caseloads. For example, the pending caseload in U.S. immigration courts grew from around 1.3 million to 3.7 million cases between 2020 and 2024, with frequent continuances being a major factor in the slowdown.
That context helps explain why a judge—even in a traffic court—needs to see a legitimate reason before agreeing to push back a hearing. Your request has to be timely, reasonable, and backed by a genuine justification.
Quick Guide to Requesting a Continuance
To simplify things, here's a quick look at common reasons for asking for a continuance and how you'd typically go about it in a Florida court.
Common Reason for Request | Method of Request | Key Consideration |
|---|---|---|
Needing time to hire an attorney | Written motion or oral request on the first court date | Judges often grant a first request for this reason to protect your right to counsel. Don't wait until the last minute. |
Sudden illness or medical emergency | Written motion with documentation (e.g., doctor's note) | Must be a genuine, unexpected emergency. A minor cold may not be sufficient. Provide proof if possible. |
Key witness is unavailable | Written motion explaining the witness's importance | You must show that the witness's testimony is critical to your case and that they will be available on a future date. |
Attorney has a scheduling conflict | Attorney files a written motion on your behalf | This is a common and usually accepted reason, as long as it's a legitimate conflict with another court appearance. |
Need more time to gather evidence | Written motion specifying the evidence you're seeking | Be specific about what you need (e.g., dashcam video, repair records) and explain why it's essential for your defense. |
Remember, every case is different, and the judge ultimately has the final say. Presenting your request professionally and with a valid reason gives you the best chance of it being granted.
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What Counts as a Good Reason for a Continuance?
Judges don't grant continuances just because the court date is inconvenient. You can't simply ask to postpone things because you'd rather be somewhere else. In Florida, you need what the courts call "good cause"—a legitimate, compelling reason that shows why holding the hearing on the scheduled date would be unfair.
Your reason has to be genuine and, if possible, backed by solid proof. The goal is to show the judge that the delay is necessary for you to fairly present your case, not just to delay the proceedings. Let’s walk through some of the common reasons that judges consider in traffic and DUI courts.
You Need Time to Hire an Attorney
This is probably the most common—and most frequently granted—reason for a first-time continuance request. The right to have a lawyer is fundamental, and judges almost always respect a defendant's effort to find representation.
If you just received your court notice and haven't had a fair opportunity to consult with and hire an attorney, a judge will likely grant your request. It's a reasonable ask.
However, using this reason repeatedly as a delay tactic can backfire. If you ask for a second continuance for the same reason, the judge will want to see proof that you've actually been trying to hire someone, not just procrastinating.
A Sudden Medical Emergency
Life happens. A sudden illness, an unexpected surgery, or a serious medical event involving you, your attorney, or a close family member is a textbook example of "good cause."
The key here is proof. You can't just say you're sick.
Get a Doctor's Note: Ask your physician for a letter that confirms the medical issue and specifically states you're unable to attend court on that date.
Use Hospital Paperwork: If you were in the hospital, admission or discharge papers are powerful evidence.
Be Clear, Not Oversharing: The note doesn't need to reveal your entire medical history, but it must be clear enough to validate the emergency.
A vague excuse like "I'm not feeling well" is unlikely to be sufficient for a judge. The more specific and verifiable your documentation is, the better your odds. Providing this proof upfront with your motion shows you're being honest and respectful of the court's time.
A Serious and Unavoidable Scheduling Conflict
This can be a valid reason, but the bar is high. We’re not talking about a routine appointment you forgot about.
A pre-booked, non-refundable work trip or a major family event like a wedding could qualify, especially if it was scheduled long before you received your court date. The conflict has to be significant and truly unavoidable.
For example, if your attorney is required to be in another courtroom for a different case on the exact same day, that’s almost always considered a valid conflict.
You Need More Time for Evidence or a Witness
Sometimes, you just need more time to prepare your defense, and that's perfectly legitimate. If the prosecutor provides new evidence—like bodycam footage or a stack of documents—right before your hearing, it’s fair to ask for more time to review it all.
The same goes for witnesses. If a key witness for your case is unavailable for a reason beyond their control (maybe they're out of the country or having a medical procedure), you can request a continuance.
When you make the request, you’ll need to explain:
Who the witness is and why their testimony is critical.
Why they can't be there on the current court date.
That you have a good reason to believe they’ll be available for a new date.
This shows the judge you’re not just stalling. You’re working diligently to build a solid defense. At TicketShield, our goal is to protect your license and your record, and making sure we have enough time to prepare is a crucial part of that. Past results do not guarantee future outcomes.
Filing a Written Motion to Continue the Right Way
While you can ask for a continuance in person, the most professional and effective way to request that a court date be moved is by filing a formal, written Motion to Continue.
This document does more than just ask for a delay. It signals to the judge that you’re taking the process seriously and respecting the court’s time. A well-drafted motion is typically more persuasive than a surprise oral request on the day of your hearing.
Think of the motion as your official plea to the court. It lays out precisely what you're asking for and why, creating a formal record and giving both the judge and the prosecutor a chance to review it ahead of time. You're essentially building a case for why you need more time.
Key Components of a Written Motion
A Motion to Continue isn't just a letter—it's a legal document that follows a specific format. Getting the structure right is the first step to having it taken seriously. While every case is different, understanding general court document principles, such as mastering the condonation of delay application format, can be helpful.
Your motion must include a few essential parts:
Case Caption: This is the standard heading at the top. It needs the court's name, your case number, your name (Defendant), and the opposing party (the State of Florida).
Title of the Motion: Keep it simple and clear. Just below the caption, write something like, "Defendant's Motion to Continue."
Introduction: A short opening stating who you are (the Defendant) and what you’re asking for—for example, "to continue the hearing currently scheduled for [Date]."
Body of the Motion: Here’s where you make your case. You need to clearly and respectfully explain your "good cause" for needing the postponement. Stick to the facts and be specific.
Conclusion: A formal closing sentence asking the judge to grant your motion. A common phrasing is, "WHEREFORE, the Defendant respectfully requests that this Honorable Court grant the motion and continue the hearing to a later date."
Certificate of Service: This is a crucial final section. It’s a statement where you confirm you’ve sent a copy of the motion to the State Attorney's Office (the prosecutor), including the date and how you sent it (e.g., email, mail).
Don't Forget the Certificate of Service: Failing to properly notify the prosecutor is a common mistake that can get your motion denied. It proves you followed the rules of procedure.
Explaining Your Reasons Persuasively
In the body of your motion, your argument needs to be compelling but straight to the point. Avoid dramatic stories or emotional language. Just focus on the facts and explain how they prevent you from being ready for court.
For instance, if a medical emergency came up, state what happened and mention you can provide a doctor's note. If you just received a pile of evidence from the prosecution, specify what it is and why you haven't had enough time to review it properly.
The Importance of Filing Early
When it comes to court filings, timing is critical. Filing your motion as early as possible is one of the single most important things you can do. Submitting it a week or two before your court date shows respect for everyone's schedule and gives the judge and prosecutor plenty of time to review it.
A last-minute motion filed the day before court often looks like a delay tactic and is more likely to be denied. Judges have packed schedules and appreciate when people are proactive. Filing early shows your reason for the delay is genuine, not just a result of poor planning.
Once your motion is drafted, you’ll file it with the Clerk of Court in the county where your case is. You can usually do this in person, by mail, or through the Florida Courts e-filing portal. Always keep a copy for your own records.
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Making an Oral Request for a Continuance in Court
Sometimes, life throws a curveball at the worst possible moment. While a written motion is always the best practice, a last-minute emergency can make filing paperwork on time impossible.
Think about a sudden hospitalization, a flat tire on the way to the courthouse, or a key witness getting into an accident. In these urgent situations, your only option may be to stand before the judge and ask for a continuance in person. This is what is known as an oral request.
It can feel intimidating, but it’s a recognized part of court procedure designed for genuine emergencies. The key is to handle it with respect for the court and a clear, honest explanation. You need to show the judge this isn't about poor planning but about an unforeseen event out of your control.
Courtroom Etiquette and How to Address the Judge
When you step inside a courtroom, you’re entering a formal space where rules and respect are paramount. How you conduct yourself can affect your request.
Here are a few non-negotiables:
Dress the Part: You don't need formal attire, but think business casual. Avoid shorts, graphic tees, or hats. When you look like you take the proceeding seriously, it sends a powerful message of respect.
Wait for Your Case to Be Called: The judge will call your case by name or case number. Never interrupt or approach the bench until it's your turn. Be patient.
Address the Judge Correctly: It's always "Your Honor." No exceptions. Stand up when you speak to the judge, and also when they enter or leave the room. It’s a simple sign of respect.
Once your case is called, walk to the podium, state your name for the record, and wait for the judge to acknowledge you before you start talking.
Structuring Your Oral Request for Maximum Impact
You'll only have a few moments in front of the judge, so you need to be concise, clear, and persuasive. Avoid rambling or making excuses. Get straight to the point.
Here's a simple, effective way to structure it:
State Your Request Clearly: Begin by politely saying what you want. "Your Honor, I am requesting a brief continuance in this matter."
Give Your Reason Immediately: Follow up with why. For example, "I am asking for a continuance because my key witness was in a car accident this morning and is unable to be here."
Offer Proof if You Have It: Back up your claim. "I have a copy of the accident report if the court would like to see it."
Suggest a New Timeframe: Show you've thought ahead. "I believe a two-week continuance would be sufficient time for them to recover and be present."
Staying calm, prepared, and direct shows you respect the court's time and that your request is both serious and justified.
Pro Tip: Never interrupt the judge or the prosecutor. Let them finish speaking before you respond. Keeping a cool, respectful demeanor is critical, even if you are stressed or the decision isn’t going your way.
The Importance of Timing and Fairness
Why do judges grant continuances? It often comes down to fairness. Giving someone the time they need can impact the outcome of a case, especially if it means they can find a lawyer.
For example, extensive research has shown that in immigration courts, the length of a continuance directly impacts a person’s ability to secure legal help and successfully resolve their case. You can read the full research about these procedural findings to see just how seriously this is taken. This principle of fairness applies in other legal settings as well, including traffic and DUI cases in Florida.
Ultimately, it’s the judge’s call. But by presenting your situation clearly, respectfully, and with a legitimate reason, you give yourself the best shot at getting the time you need. At TicketShield, our goal is to protect your license and your record, and that process sometimes begins with making sure you have enough time to build a solid defense.
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Strategic Considerations for Your Case
Asking for a continuance isn't just about moving a date on the calendar. It's a strategic decision that can shape the outcome of your traffic or DUI case. You have to weigh the potential benefits against the drawbacks.
On the one hand, a postponement can be a powerful tool. That extra time allows a lawyer to dig into the evidence—combing through the officer's report, scrutinizing dashcam video, and finding weak spots in the state’s case. It also creates a window to negotiate with the prosecutor, which can sometimes lead to a better resolution.
But there’s a flip side. Delaying your court date drags out the process, leaving you with uncertainty hanging over your head for longer. And while continuances are part of the system, they contribute to court backlogs. One study of U.S. immigration courts between 2006 and 2015 found a 23% increase in continuance use, which was a direct cause of slower case processing.
The flowchart below gives you a quick visual for making an oral, in-person request.
As you can see, this kind of on-the-spot request is really meant for true emergencies where you can give the judge a clear, compelling reason right then and there.
When to Handle It Yourself vs. When to Hire an Attorney
Knowing when to ask for a continuance yourself versus when it's time to call in a professional is a crucial judgment call. It really boils down to what's at stake.
For a minor traffic ticket—where the potential outcome is a small fine and a couple of points—you might feel comfortable making the request on your own. This is especially true if it's your first court date and you just need more time to get your documents together.
But that calculation completely changes when the penalties get serious. If you're facing charges that could lead to:
Hefty fines and court costs
A driver's license suspension
Potential jail time (even for a misdemeanor)
A permanent criminal record
In these cases, trying to go it alone is risky. The procedural rules for something that seems as simple as a continuance can be tricky, and one wrong move could get your request denied. You can learn more by checking out our guide on whether you need a lawyer for a traffic ticket.
How a Lawyer Can Make a Difference
A traffic attorney does more than just file papers. They know the local court’s procedures and understand which arguments are persuasive to a specific judge. They can manage the entire process for you, from writing a solid motion to calling the prosecutor ahead of time to see if they will agree to the delay.
Our Goal: When we file for a continuance, our objective is simple: get the time needed to build the strongest defense possible. The aim is always protecting your license and your record.
Hiring a professional ensures the request is done correctly, which improves the odds of it being granted. It takes the stress off your shoulders, letting you focus on your life while your attorney works to put your case in a better position. Past results do not guarantee future outcomes.
Common Questions About Postponing a Court Date
When you’re trying to navigate the court system, it’s only natural for questions to arise, especially when it comes to something like postponing a hearing. Let's clear up some of the most common questions we hear in Florida.
How Many Times Can I Ask for a Continuance?
There isn’t a set number, but you should know that each subsequent request may be more difficult to get approved.
Your first request, especially if you need time to hire a lawyer, is usually viewed favorably. Judges understand that you have a right to legal representation, and finding the right attorney takes time.
If you start asking for a second or third continuance, the court's patience may wear thin. A judge might start to see it as a stalling tactic, and they have an obligation to keep cases moving. For any follow-up requests, your reason needs to be solid and, if possible, backed up with proof.
Will I Be Charged a Fee for a Continuance?
Generally, no. Florida courts do not have a specific filing fee just for a Motion to Continue. The primary "cost" is time, as pushing the date back simply means the process takes longer.
There are rare exceptions. If you make the request at the last minute and cause a major disruption—like causing a witness to travel for no reason—a judge could potentially impose court costs. But that is not typical for a standard, well-timed request.
What Happens If My Request for a Continuance Is Denied?
If the judge says no, the hearing will happen as scheduled, and you must be prepared to move forward with your case that day.
Not showing up after a denial is a serious mistake. For a criminal traffic offense or a DUI, a bench warrant for your arrest is a very real possibility. For a standard traffic ticket, the court will likely enter a judgment against you and suspend your driver's license. We break down the potential consequences in our guide on what happens when you've missed a court date for a traffic ticket.
Crucial Reminder: A denied motion means that court date is firm. Do not skip it. The fallout is always far worse than the original issue.
Do I Have to Get the Prosecutor to Agree to the Continuance?
While it’s not always a mandatory rule, getting the State Attorney's office on board with your request makes a significant difference. When both sides agree, it's called a "stipulated" or "agreed" motion, and it signals to the judge that there's no conflict.
One of the first things an attorney often does is reach out to the prosecutor to see if they will object. If they don't, the motion can state it is "unopposed," which makes the judge's decision much easier. It also shows you’re handling things professionally.
This is one of those procedural steps that a lawyer handles to set your case up for a better outcome.
Trying to manage court procedures on your own can be confusing, and one small misstep can have a lasting impact on your driver's license and your record. The attorneys at Ticket Shield, PLLC handle everything, from filing the right motions to fighting for a dismissal in court. We handle criminal traffic matters across Florida. If you're dealing with a traffic ticket or a more serious charge, don't leave it to chance. Call us 24/7 for a free consultation.
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