MOTION FOR CONTINUANCE

State of Alaska Superior Court

CASE CAPTION

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT AT [________________________________]

[________________________________],
Plaintiff,

v.

Case No. [________________________________]

[________________________________],
Defendant.

Judge: Hon. [________________________________]

MOTION FOR CONTINUANCE OF [________________________________]

Currently Scheduled Date: [__/__/____]

Currently Scheduled Time: [____]

Requested New Date: [__/__/____]

Location: [________________________________]

I. INTRODUCTION

[________________________________] ("Moving Party"), by and through undersigned counsel, respectfully moves this Court pursuant to Alaska Rule of Civil Procedure 40(e) for an order continuing the [________________________________] (trial / hearing / pretrial conference / other proceeding) currently scheduled for [__/__/____] to [__/__/____], or such other date as the Court deems appropriate.

This motion is made on the grounds that good cause exists for the requested continuance, as set forth in detail below. Undersigned counsel certifies that [he/she/they] contacted counsel for [________________________________] on [__/__/____] regarding this motion, and [________________________________] (opposing counsel consents to / opposes / has not yet responded to) the requested continuance.

II. GROUNDS FOR CONTINUANCE

The Moving Party seeks a continuance based upon the following ground(s) (check all that apply):

☐ Scheduling Conflict of Counsel -- Undersigned counsel has a conflicting [________________________________] (trial / hearing / deposition / mediation) in [________________________________] (court / case name), Case No. [________________________________], scheduled for [__/__/____], which was set before the proceeding in this matter.

☐ Illness or Medical Emergency -- [________________________________] (counsel / party / key witness) is unable to attend the scheduled proceeding due to [________________________________] (illness / medical condition / surgery / medical emergency). A supporting medical statement is attached as Exhibit [____].

☐ Additional Discovery Needed -- Additional discovery is required before [________________________________] (trial / hearing) can proceed, specifically: [________________________________]. The discovery cannot be completed before the current date because [________________________________].

☐ Settlement Negotiations Pending -- The parties are engaged in active settlement negotiations and reasonably believe that additional time will allow the case to be resolved without the need for [________________________________] (trial / hearing). A mediation or settlement conference is scheduled for [__/__/____].

☐ Witness Unavailability -- A material witness, [________________________________], is unavailable for the currently scheduled date because [________________________________]. This witness's testimony is essential to [________________________________] (the Moving Party's case / the fair adjudication of the matter) because [________________________________].

☐ Newly Retained Counsel -- The Moving Party has recently retained new counsel, who entered an appearance on [__/__/____]. New counsel requires adequate time to [________________________________] (review the file / complete discovery / prepare for trial) to provide competent representation.

☐ Newly Disclosed or Discovered Evidence -- [________________________________] (describe evidence) was disclosed or discovered on [__/__/____], and the Moving Party needs additional time to [________________________________] (investigate / analyze / respond to / depose witnesses regarding) this evidence.

☐ Pending Dispositive Motion -- A dispositive motion (motion for summary judgment / motion to dismiss) was filed on [__/__/____] and remains pending. Proceeding to [________________________________] (trial / hearing) before the motion is resolved would be [________________________________] (inefficient / prejudicial / a waste of judicial resources).

☐ Expert Witness Issues -- The Moving Party's expert, [________________________________], requires additional time to [________________________________] (complete analysis / prepare a report / become available for testimony). The expert report deadline is [__/__/____].

☐ Other Good Cause -- [________________________________]

III. STATEMENT OF FACTS

The following facts support the Moving Party's request for a continuance:

1. This action was filed on [__/__/____] and involves claims for [________________________________].

2. The Court entered a scheduling order on [__/__/____], establishing the following deadlines:
   - Discovery cutoff: [__/__/____]
   - Expert disclosures: [__/__/____]
   - Dispositive motion deadline: [__/__/____]
   - Pretrial conference: [__/__/____]
   - Trial date: [__/__/____]

3. The current [________________________________] (trial / hearing) was set on [__/__/____] by [________________________________] (court order / scheduling conference / notice of hearing).

4. [________________________________] (Describe the specific facts and circumstances that give rise to the need for a continuance. Include dates, timelines, and any efforts made to avoid the need for a continuance.)

5. [________________________________] (Describe any prior continuances in this matter, including dates, reasons, and which party requested each continuance.)

6. The Moving Party has diligently pursued this matter and has [________________________________] (describe steps taken to comply with existing deadlines and prepare for the scheduled proceeding).

IV. GOOD CAUSE SHOWING

A. Legal Standard

Alaska Rule of Civil Procedure 40(e) provides that the court may grant a continuance for good cause. In evaluating whether good cause exists, Alaska courts consider the totality of the circumstances, including:

• Whether the request is timely and made promptly after the need for a continuance became apparent;
• Whether the moving party has exercised diligence in preparing the case;
• The length of the continuance sought;
• Whether any prior continuances have been granted, and the reasons therefor;
• The potential prejudice to the opposing party;
• The impact on the Court's docket and the administration of justice; and
• Whether denial of the continuance would result in a manifest injustice.

See State v. Wassilie, 606 P.2d 1279, 1282 (Alaska 1980) (balancing diligence and prejudice in continuance analysis); Brandprior v. Brandywine Homes, Inc., 187 P.3d 488 (Alaska 2008) (abuse of discretion standard for continuance rulings). Alaska Administrative Rule 41 establishes time standards for case processing, and continuances should be consistent with the court's obligation to dispose of cases within the time frames established by that rule.

B. Application to This Case

Good cause exists for the requested continuance because:

1. [________________________________] (Explain how the specific facts satisfy the good cause standard under Alaska law.)

2. The Moving Party has acted diligently by [________________________________].

3. The request is timely because [________________________________] (counsel learned of the need for a continuance on [__/__/____] and promptly filed this motion on [__/__/____]).

4. The requested continuance of [____] days is reasonable and the minimum time necessary to [________________________________].

5. [________________________________] (Address any prior continuances: "This is the first continuance requested by the Moving Party" or "Although one prior continuance was granted on [__/__/____], the current request arises from entirely different circumstances.")

V. PROPOSED NEW DATES

The Moving Party respectfully proposes the following revised schedule:

The Moving Party is available on the following alternative dates if the Court prefers a different schedule: [________________________________].

VI. POSITION OF OPPOSING PARTY

☐ Stipulated / Unopposed. Counsel for [________________________________] (opposing party) has been contacted and [________________________________] (consents to / does not oppose) the requested continuance and proposed new dates.

☐ Opposed. Counsel for [________________________________] (opposing party) was contacted on [__/__/____] and opposes the requested continuance. The grounds for opposition, as stated by opposing counsel, are: [________________________________]. The Moving Party responds to those objections as follows: [________________________________].

☐ Unable to Ascertain Position. Despite diligent efforts, including [________________________________] (telephone calls on [__/__/____], emails on [__/__/____]), the Moving Party has been unable to ascertain opposing counsel's position on this motion.

VII. IMPACT ON TRIAL SCHEDULE AND PREJUDICE

1. Granting this continuance will not unduly prejudice the opposing party because [________________________________].

2. The requested continuance will not significantly impact the Court's docket because [________________________________].

3. Denial of this motion would prejudice the Moving Party because [________________________________].

4. The interests of justice are best served by granting this continuance because [________________________________].

5. The continuance will not affect any statutory deadlines or limitation periods because [________________________________].

VIII. CONCLUSION

For the foregoing reasons, [________________________________] (Moving Party) respectfully requests that this Court:

1. Grant this Motion for Continuance;
2. Continue the [________________________________] (trial / hearing) currently scheduled for [__/__/____] to [__/__/____], or such other date as the Court deems appropriate;
3. Adjust all related deadlines as set forth in Section V above; and
4. Grant such other and further relief as the Court deems just and proper.

DATED: [__/__/____]

[________________________________]
(Law Firm Name)

By: ________________________________________
[________________________________]
Alaska Bar Association No. [________________________________]
Attorney for [________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

IX. DECLARATION IN SUPPORT OF MOTION FOR CONTINUANCE

Declaration of [________________________________] Pursuant to AS 09.63.020

I, [________________________________], declare under penalty of perjury under the laws of the State of Alaska (AS 09.63.020) as follows:

1. I am [________________________________] (counsel of record for [party] / the [party]) in the above-captioned matter and have personal knowledge of the facts set forth herein.

2. The [________________________________] (trial / hearing / pretrial conference) in this matter is currently scheduled for [__/__/____].

3. A continuance is necessary because: [________________________________]

4. I became aware of the need for a continuance on [__/__/____], and I promptly [________________________________] (contacted opposing counsel / filed this motion) on [__/__/____].

5. I have taken the following steps to prepare for the currently scheduled proceeding: [________________________________]

6. The number of prior continuances in this matter is [____]. [________________________________] (Describe any prior continuances, including which party requested them and the reasons.)

7. I contacted counsel for [________________________________] (opposing party) on [__/__/____] regarding this motion. [He/She/They] [________________________________] (consent to / oppose / have not responded regarding) the requested continuance.

8. Granting the requested continuance will not cause undue prejudice to any party and will promote the fair and efficient resolution of this case.

9. The following documents are attached in support of this motion:
   - ☐ Exhibit A: [________________________________]
   - ☐ Exhibit B: [________________________________]
   - ☐ Exhibit C: [________________________________]

I certify under penalty of perjury that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], Alaska.

________________________________________
[________________________________]
(Declarant)

X. PROPOSED ORDER GRANTING CONTINUANCE

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT AT [________________________________]

[________________________________],
Plaintiff,

v.

Case No. [________________________________]

[________________________________],
Defendant.

ORDER GRANTING MOTION FOR CONTINUANCE

This matter comes before the Court on [________________________________]'s (Moving Party) Motion for Continuance filed on [__/__/____]. The Court, having considered the motion, the declaration in support thereof, [________________________________] (any opposition / the stipulation of the parties), and the record herein, finds that good cause exists pursuant to Alaska Rule of Civil Procedure 40(e) for the requested continuance.

IT IS HEREBY ORDERED:

1. The [________________________________] (trial / hearing / pretrial conference) currently scheduled for [__/__/____] is hereby CONTINUED to [__/__/____] at [____] (time).

2. The following deadlines are modified as follows:

a. Discovery cutoff: [__/__/____]

b. Expert disclosures: [__/__/____]

c. Dispositive motion deadline: [__/__/____]

d. Pretrial filings deadline: [__/__/____]

e. Pretrial conference: [__/__/____]

3. All other provisions of the scheduling order dated [__/__/____] remain in full force and effect.

4. Counsel shall promptly notify all witnesses and parties of the new dates.

5. No further continuances will be granted absent extraordinary circumstances.

DATED this _______ day of ________________________, 20____.

________________________________________
Hon. [________________________________]
Superior Court Judge
[________________________________] Judicial District

XI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing MOTION FOR CONTINUANCE, DECLARATION IN SUPPORT, and [PROPOSED] ORDER was served upon the following persons by the method(s) indicated:

________________________________________
[________________________________]
(Name of Person Effecting Service)

PRACTICE NOTES

Good Cause Standard in Alaska

1. Burden of Proof. The moving party bears the burden of demonstrating facts that warrant relief under Alaska R. Civ. P. 40(e). Mere inconvenience is generally insufficient; the movant must show a genuine need for additional time.

2. Discretionary Ruling. Continuance rulings are reviewed for abuse of discretion. The trial court has broad latitude, but must balance the interests of all parties and the efficient administration of justice. See State v. Wassilie, 606 P.2d 1279 (Alaska 1980).

3. Diligence Requirement. Courts closely examine whether the moving party acted with reasonable diligence in preparing the case and in bringing the motion promptly upon learning of the need for a continuance.

4. Prior Continuances. The number of prior continuances is a significant factor. Multiple prior continuances make it increasingly difficult to demonstrate good cause for additional delays.

5. Administrative Rule 41. Alaska Administrative Rule 41 establishes time standards for the disposition of cases. Courts are expected to manage their dockets to achieve resolution within these standards. Attorneys should be prepared to explain how a continuance remains consistent with these goals.

Number of Prior Continuances

• First continuance requests are generally viewed more favorably than subsequent requests.
• If prior continuances have been granted, clearly explain that the current request arises from different circumstances.
• Some judges maintain informal policies limiting the total number of continuances; check with the clerk or judicial assistant for individual judge preferences.

Local Rules and Practices

• First Judicial District (Juneau, Ketchikan, Sitka): Check local administrative orders for any district-specific continuance procedures.
• Second Judicial District (Barrow, Kotzebue, Nome): Travel and weather conditions may constitute good cause unique to this district; document logistical challenges thoroughly.
• Third Judicial District (Anchorage, Kenai, Palmer, Valdez): The busiest district; courts may scrutinize continuance requests more closely due to docket pressures.
• Fourth Judicial District (Fairbanks, Bethel): Similar to the Second District, weather and travel may be relevant factors.

Filing and Procedural Requirements

• File motions through TrueFiling (Alaska's electronic filing system) where available, per Alaska R. Civ. P. 5.2.
• Include the proposed order as a separate document or clearly designated section.
• Serve all parties in accordance with Alaska R. Civ. P. 5.
• Contact the judicial assistant to confirm any oral argument requirements or telephonic hearing availability.
• Some judges require a certification of consultation with opposing counsel before considering the motion; always include this certification in the motion.

Timing Considerations

• File the motion as early as possible upon learning of the need for a continuance.
• Motions filed on the eve of trial or a hearing are viewed with skepticism and may require a heightened showing of good cause.
• If the matter is urgent, consider requesting expedited consideration or filing a motion for telephonic hearing.

SOURCES AND REFERENCES

• Alaska Rules of Civil Procedure, Rule 40(e) -- Continuances
• Alaska Rules of Civil Procedure, Rule 7(b) -- Motions and Other Papers
• Alaska Rules of Civil Procedure, Rule 5 -- Service and Filing
• Alaska Rules of Civil Procedure, Rule 5.2 -- Electronic Filing
• Alaska Rules of Civil Procedure, Rule 77(c) -- Clerks' Offices; Motion Practice
• Alaska Administrative Rule 41 -- Time Standards for Case Processing
• AS 09.63.020 -- Unsworn Declarations Under Penalty of Perjury
• State v. Wassilie, 606 P.2d 1279 (Alaska 1980)
• Alaska Court System, TrueFiling Portal: https://courts.alaska.gov/efiling/
• Alaska Court System, Forms and Publications: https://courts.alaska.gov/forms/