State Court Motion for Continuance

MOTION FOR CONTINUANCE

Arkansas Circuit Court

CASE CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

[________________________________] DIVISION

[________________________________],
Plaintiff,

v.

Case No. [________________________________]

[________________________________],
Defendant.

MOTION FOR CONTINUANCE OF [________________________________]

Currently Scheduled Date: [__/__/____]

Currently Scheduled Time: [____]

Courtroom: [________________________________]

Requested New Date: [__/__/____]

I. INTRODUCTION

COMES NOW [________________________________] ("Moving Party"), by and through undersigned counsel, and respectfully moves this Court pursuant to Arkansas Rule of Civil Procedure 40(b) and Ark. Code Ann. Section 16-63-401 for an order continuing the [________________________________] (trial / hearing / pretrial conference) currently scheduled for [__/__/____] to [__/__/____], or such other date as this Court may deem appropriate.

Good cause exists for this continuance, as set forth in detail below. In compliance with Ark. R. Civ. P. 7(b), undersigned counsel certifies that [he/she/they] has conferred with counsel for [________________________________] on [__/__/____], and [________________________________] (opposing counsel consents to / does not consent to / has not responded regarding) this motion.

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 previously scheduled [________________________________] (trial / hearing / deposition / mediation) in [________________________________] (court name), Case No. [________________________________], set for [__/__/____]. This conflict was scheduled on [__/__/____], which was [________________________________] (before / after) the date in this case was set.

☐ Illness or Medical Emergency -- [________________________________] (counsel / party / key witness) is unable to attend due to [________________________________] (illness / medical condition / surgery). Supporting medical documentation is attached as Exhibit [____].

☐ Additional Discovery Needed -- Additional discovery is required before [________________________________] (trial / hearing) can proceed. The following discovery remains outstanding: [________________________________]. The discovery could not be completed within the current schedule because [________________________________].

☐ Settlement Negotiations Pending -- The parties are engaged in active settlement negotiations and reasonably believe a continuance will facilitate resolution. [________________________________] (A mediation is scheduled for [__/__/____] / Settlement discussions are at an advanced stage.)

☐ Witness Unavailability -- A material witness, [________________________________], is unavailable for the currently scheduled date because [________________________________]. Pursuant to Ark. Code Ann. Section 16-63-402, the Moving Party states that: (a) the testimony of the absent witness is material; (b) the Moving Party has used due diligence to procure the attendance or testimony of the witness; and (c) the witness can be had at the next term or at a time to which the cause may be continued. The expected testimony of this witness is: [________________________________].

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

☐ Newly Disclosed or Discovered Evidence -- Evidence was [________________________________] (disclosed / discovered) on [__/__/____], consisting of [________________________________]. The Moving Party needs additional time to [________________________________].

☐ Pending Dispositive Motion -- A [________________________________] (motion for summary judgment / motion to dismiss) was filed on [__/__/____] and remains pending. Resolution may [________________________________] (dispose of the case / narrow the issues).

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

☐ Other Good Cause -- [________________________________]

III. STATEMENT OF FACTS

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 filings: [__/__/____]
   - Pretrial conference: [__/__/____]
   - Trial date: [__/__/____]

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

4. [________________________________] (Provide detailed facts establishing the circumstances requiring a continuance. Include specific dates, timelines, efforts to avoid the need for a continuance, and any supporting documentation.)

5. Prior Continuances: [________________________________] (Provide a complete history of all continuances in this case. If none, state: "No prior continuances have been requested or granted in this matter." If any exist, identify: date, requesting party, reason, and length of each.)

6. Diligence: The Moving Party has diligently pursued this matter by [________________________________] (describe specific litigation steps taken: discovery conducted, depositions completed, disclosures served, settlement efforts, etc.)

IV. GOOD CAUSE SHOWING

A. Legal Standard

Arkansas Rule of Civil Procedure 40(b) authorizes the trial court to grant a continuance "for good cause." The grant or denial of a continuance rests within the sound discretion of the trial court. See Ford Motor Co. v. Harper, 353 Ark. 328, 338, 107 S.W.3d 168, 174 (2003); Villines v. Harris, 340 Ark. 319, 11 S.W.3d 516 (2000).

In evaluating good cause, Arkansas courts consider:

• Whether the moving party exercised reasonable diligence;
• The reason for the continuance request;
• Whether denial would unfairly prejudice the moving party;
• The number and length of any prior continuances;
• Prejudice to the opposing party;
• The impact on the Court's docket and the orderly administration of justice; and
• Whether the matter involves complex issues requiring additional preparation time.

Additionally, Ark. Code Ann. Section 16-63-401 provides statutory authority for continuances, and Section 16-63-402 addresses continuances specifically for the absence of evidence or a witness. Under Section 16-63-404, the court may require the movant to file an affidavit setting forth the grounds for the continuance, including (for absent witness continuances): (a) the materiality of the testimony; (b) due diligence in procuring the witness; (c) the expectation that the witness will be available at a future date; and (d) a summary of the expected testimony.

B. Application to This Case

1. Good Cause Exists Because: [________________________________]

2. Diligence: The Moving Party has demonstrated diligence by [________________________________].

3. Timeliness: This motion is filed [____] days before the scheduled [________________________________]. Counsel became aware of the need on [__/__/____] and promptly acted.

4. Reasonable Duration: The requested continuance of [____] days is the minimum time necessary to [________________________________].

5. Prior Continuances: [________________________________] (Address the continuance history and distinguish the present request, if applicable.)

V. PROPOSED NEW DATES

The Moving Party proposes the following revised schedule:

The Moving Party is available on the following alternative dates: [________________________________].

VI. POSITION OF OPPOSING PARTY

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

☐ Opposed. Counsel for [________________________________] was contacted on [__/__/____] and opposes the requested continuance. Opposing counsel's stated grounds: [________________________________]. The Moving Party responds: [________________________________].

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

VII. IMPACT ON TRIAL SCHEDULE AND PREJUDICE

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

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

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

4. No applicable statute of limitations or other statutory deadlines will be affected because [________________________________].

5. The interests of justice support granting this continuance because [________________________________].

VIII. CONCLUSION

WHEREFORE, [________________________________] (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 scheduling order deadlines as set forth in Section V above; and
4. Grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

[________________________________]
(Law Firm Name)

By: ________________________________________
[________________________________]
Arkansas Bar No. [________________________________]
Counsel for [________________________________]
[________________________________] (Address)
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

DATED: [__/__/____]

IX. AFFIDAVIT IN SUPPORT OF MOTION FOR CONTINUANCE

Affidavit of [________________________________]

STATE OF ARKANSAS
COUNTY OF [________________________________]

I, [________________________________], being first duly sworn, depose and state 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) is currently scheduled for [__/__/____].

3. A continuance is necessary because: [________________________________]

4. I became aware of the need for a continuance on [__/__/____], and I promptly [________________________________].

5. I have diligently pursued this matter, including: [________________________________]

6. The complete continuance history in this case is as follows: [________________________________]

7. I conferred with counsel for [________________________________] on [__/__/____], and [he/she/they] [________________________________] (consent to / oppose) the requested continuance.

8. ☐ If the continuance is based on absence of a witness, pursuant to Ark. Code Ann. Section 16-63-402 and Section 16-63-404:
   a. The testimony of [________________________________] is material to the Moving Party's case because [________________________________].
   b. The Moving Party has exercised due diligence to procure the witness's attendance or testimony by [________________________________].
   c. The Moving Party reasonably believes the witness can be obtained by [__/__/____] because [________________________________].
   d. The expected testimony of the absent witness is: [________________________________].

9. Granting this continuance will not unduly prejudice any party and will promote the fair resolution of this case.

10. Supporting documents attached:
    - ☐ Exhibit A: [________________________________]
    - ☐ Exhibit B: [________________________________]
    - ☐ Exhibit C: [________________________________]

Further Affiant sayeth not.

________________________________________
[________________________________]
(Affiant)

Subscribed and sworn to before me this _______ day of ________________________, 20____.

________________________________________
Notary Public
My Commission Expires: [__/__/____]

[NOTARY SEAL]

X. PROPOSED ORDER GRANTING CONTINUANCE

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

[________________________________] DIVISION

[________________________________],
Plaintiff,

v.

Case No. [________________________________]

[________________________________],
Defendant.

ORDER GRANTING MOTION FOR CONTINUANCE

The Court has considered [________________________________]'s (Moving Party) Motion for Continuance, the supporting affidavit, [________________________________] (any opposition / the stipulation of the parties), and the record herein. Good cause having been shown pursuant to Arkansas Rule of Civil Procedure 40(b) and Ark. Code Ann. Section 16-63-401,

IT IS HEREBY ORDERED:

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

2. The Court's scheduling order is modified as follows:

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

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

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

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

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. [________________________________] (Additional conditions or restrictions, if any.)

IT IS SO ORDERED this _______ day of ________________________, 20____.

________________________________________
Hon. [________________________________]
Circuit Judge

XI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing MOTION FOR CONTINUANCE, AFFIDAVIT IN SUPPORT, and [PROPOSED] ORDER was served upon the following by the method(s) indicated, in compliance with Ark. R. Civ. P. 5(b):

________________________________________
[________________________________]
(Name of Person Effecting Service)

PRACTICE NOTES

Good Cause Standard in Arkansas

1. Discretionary Standard. The decision to grant or deny a continuance rests within the sound discretion of the trial court. On appeal, the standard of review is abuse of discretion. See Ford Motor Co. v. Harper, 353 Ark. 328, 107 S.W.3d 168 (2003).

2. Prejudice to Moving Party. Arkansas courts consider whether denial of the continuance would unfairly prejudice the moving party. A continuance should be granted if necessary to prevent a party from being deprived of a fair trial. See Villines v. Harris, 340 Ark. 319, 11 S.W.3d 516 (2000).

3. Affidavit Requirement. Under Ark. Code Ann. Section 16-63-404, the court may require an affidavit supporting the motion for continuance. For absent witness continuances, the affidavit must contain specific statutory elements. Always include an affidavit to strengthen the motion.

4. Absent Witness Continuances. Under Ark. Code Ann. Section 16-63-402, a continuance may be denied if the opposing party admits that the absent witness would testify as stated in the affidavit, thereby eliminating the need for the witness's presence.

5. First Continuance vs. Subsequent. First continuance requests are generally viewed more favorably. Subsequent requests face heightened scrutiny and require stronger showings of good cause.

Number of Prior Continuances

• Always provide a complete and accurate history of prior continuances.
• Multiple prior continuances make it substantially more difficult to demonstrate good cause.
• If the opposing party previously received continuances, note this fact for balance.

Local Rules and Circuit-Specific Practices

• Pulaski County (6th Judicial District): Large docket with specific case management procedures. Check local administrative orders for continuance requirements.
• Benton and Washington Counties (19th Judicial District): Among the busiest circuits in the state. Continuance motions may face heightened scrutiny.
• Smaller Circuits: May have less formal procedures but still require compliance with Rule 40(b). Contact the circuit clerk for specific requirements.
• Administrative Orders: Check for any statewide administrative orders from the Arkansas Supreme Court that may affect continuance practice.

Filing and Service Requirements

• File through the Arkansas e-filing system where available.
• Serve all parties in compliance with Ark. R. Civ. P. 5(b).
• Include the proposed order as a separate document or clearly identified section.
• Contact the judge's office to determine whether oral argument will be required.

Timing Considerations

• File the motion as promptly as possible upon learning of the need for a continuance.
• Last-minute motions are disfavored and require stronger justification.
• If the matter is urgent, consider contacting chambers to request expedited consideration.
• Some judges prefer to rule on continuance motions without oral argument; confirm the practice with the circuit clerk or judicial assistant.

SOURCES AND REFERENCES

• Arkansas Rules of Civil Procedure, Rule 40(b) -- Continuances
• Arkansas Rules of Civil Procedure, Rule 7(b) -- Motions
• Arkansas Rules of Civil Procedure, Rule 6(b) -- Enlargement of Time
• Arkansas Rules of Civil Procedure, Rule 5(b) -- Service
• Ark. Code Ann. Section 16-63-401 -- Continuances Generally
• Ark. Code Ann. Section 16-63-402 -- Continuance for Absence of Evidence or Witness
• Ark. Code Ann. Section 16-63-404 -- Affidavit Required for Continuance
• Ark. Code Ann. Section 16-56-126 -- Scheduling Orders
• Ford Motor Co. v. Harper, 353 Ark. 328, 107 S.W.3d 168 (2003)
• Villines v. Harris, 340 Ark. 319, 11 S.W.3d 516 (2000)
• Arkansas Judiciary Website: https://www.arcourts.gov/