State Court Motion for Continuance

MOTION FOR CONTINUANCE

Arizona Superior Court

CASE CAPTION

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

[________________________________],
Plaintiff,

v.

No. [________________________________]

[________________________________],
Defendant.

Assigned to: Hon. [________________________________]
Division: [________________________________]

MOTION FOR CONTINUANCE OF [________________________________]

Currently Scheduled Date: [__/__/____]

Currently Scheduled Time: [____]

Requested New Date: [__/__/____]

I. INTRODUCTION

[________________________________] ("Moving Party"), by and through undersigned counsel, respectfully moves this Court pursuant to Arizona Rule of Civil Procedure 38.1(a) for an order continuing (postponing) the [________________________________] (trial / hearing / pretrial conference / oral argument) currently scheduled for [__/__/____] to [__/__/____], or such other date as this Court deems appropriate.

Good cause exists for this postponement as set forth in detail below, and this motion is supported by the affidavit/declaration and evidence contemplated by Rule 38.1(a)(1). Undersigned counsel certifies that on [__/__/____], [he/she/they] conferred with counsel for [________________________________] regarding this motion, and [________________________________] (opposing counsel consents to / does not oppose / opposes) the requested continuance.

☐ The Moving Party requests expedited consideration of this motion (by motion to shorten time or otherwise) because the currently scheduled proceeding is set for [__/__/____], and time is of the essence.

II. GROUNDS FOR CONTINUANCE

The Moving Party requests a continuance on the following ground(s) (check all that apply):

☐ Scheduling Conflict of Counsel -- Undersigned counsel has a previously scheduled [________________________________] (trial / hearing / deposition / arbitration) in [________________________________] (court name), Case No. [________________________________], set for [__/__/____]. This conflict arose because [________________________________]. The conflicting matter was set on [__/__/____], which was [________________________________] (before / after) the date in this case was set.

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

☐ Additional Discovery Needed -- Additional discovery is necessary to [________________________________] (prepare for trial / respond to recently disclosed information / obtain essential evidence). Specifically, the following discovery remains outstanding: [________________________________]. The discovery has not been completed because [________________________________].

☐ Settlement Negotiations in Progress -- The parties are engaged in meaningful settlement negotiations and believe in good faith that a continuance will facilitate resolution. [________________________________] (A mediation is scheduled for [__/__/____] / Settlement discussions are ongoing with a reasonable prospect of resolution.)

☐ Witness Unavailability -- A material witness, [________________________________], is unavailable for the scheduled date due to [________________________________]. In support, and consistent with Rule 38.1(a), the Moving Party states by affidavit or other evidence that: (a) the witness's expected testimony is material and admissible; (b) the Moving Party has exercised due diligence to procure the witness; and (c) reasonable grounds exist to believe the witness can be obtained if the trial is postponed. The expected testimony of this witness is: [________________________________]. (Note: Under Rule 38.1, the Court may deny the motion if the non-moving parties agree that this description of the witness's expected testimony is accurate and would be admissible, in which case the description may be read to the jury in place of live testimony, subject to being controverted as if the witness were present.)

☐ Newly Retained Counsel -- [________________________________] (party) recently retained new counsel, who entered an appearance on [__/__/____]. New counsel requires [____] days to adequately prepare because [________________________________].

☐ Newly Disclosed or Discovered Evidence -- Material evidence was [________________________________] (disclosed on / discovered on) [__/__/____], consisting of [________________________________]. Additional time is needed to [________________________________] (analyze / investigate / depose witnesses / retain experts regarding) this evidence.

☐ Pending Dispositive Motion -- A [________________________________] (motion for summary judgment / motion to dismiss / motion for judgment on the pleadings) was filed on [__/__/____] and remains pending. Resolution of this motion may dispose of [________________________________] (all / some) claims, rendering [________________________________] (trial / the hearing) unnecessary or narrowing the issues.

☐ Expert Witness Issues -- The Moving Party's expert, [________________________________], requires additional time to [________________________________] (complete analysis / issue a report / prepare for testimony / become available). The expert disclosure deadline under Rule 26.1(d) is [__/__/____].

☐ Other Good Cause -- [________________________________]

III. STATEMENT OF FACTS

1. This action was commenced on [__/__/____] and involves [________________________________] (nature of claims).

2. The Court's Scheduling Order, entered on [__/__/____], established the following key deadlines:
   - Initial disclosure deadline (Rule 26.1): [__/__/____]
   - Fact discovery cutoff: [__/__/____]
   - Expert disclosure deadline: [__/__/____]
   - Rebuttal expert disclosure deadline: [__/__/____]
   - Dispositive motion deadline: [__/__/____]
   - Joint pretrial statement deadline: [__/__/____]
   - Final pretrial conference: [__/__/____]
   - Trial date: [__/__/____]

3. The [________________________________] (trial / hearing) currently at issue was set on [__/__/____] by [________________________________] (minute entry / scheduling order / notice).

4. [________________________________] (Provide detailed factual narrative explaining the circumstances necessitating the continuance, including specific dates, events, and efforts to avoid the need for delay.)

5. Prior Continuances: [________________________________] (State whether any prior continuances have been granted in this case. If so, describe: date requested, date granted, reason, which party requested, and length of continuance. If none, state "No prior continuances have been granted in this matter.")

6. Diligence: The Moving Party has diligently pursued this litigation, including: [________________________________] (describe specific steps taken, such as discovery conducted, depositions completed, experts retained, disclosures made, etc.)

IV. GOOD CAUSE SHOWING

A. Legal Standard

Under Arizona Rule of Civil Procedure 38.1(a)(1) (the trial-setting and postponement rule, formerly Rule 40, renumbered effective January 1, 2017), a court that has set an action for trial on a specified date may not postpone the trial unless: (A) good cause exists to do so, supported by affidavit or other evidence; (B) the parties consent; or (C) postponement is required by operation of law. Under Rule 38.1(a)(2), a party seeking postponement must file a motion setting forth the basis for the request and any supporting evidence, and must attach a separate statement certifying that the postponement is not being sought solely for the purpose of delay and will serve the interests of justice. The decision to grant or deny a postponement rests within the sound discretion of the trial court and is reviewed on appeal for abuse of discretion.

In evaluating good cause under Rule 38.1, Arizona courts consider:

• The reasons for the continuance request;
• Whether the moving party acted with due diligence;
• Whether a continuance would prejudice the opposing party;
• The number and length of any prior continuances;
• The impact on the Court's calendar and administration of justice; and
• Whether denial would result in manifest injustice.

For a postponement based on an unavailable witness, Rule 38.1 further provides that the court may deny the motion if it finds that the expected testimony would be inadmissible if presented at trial, or if all non-moving parties agree that the movant's description of the witness's expected testimony is accurate and would be admissible; in that event, the movant's description may be read to the jury at trial in place of the witness's live testimony, subject to being controverted as if the witness were personally present.

B. Application to This Case

1. Good Cause Exists Because: [________________________________]

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

3. Timeliness of Request: This motion is filed [____] days before the scheduled [________________________________] (trial / hearing). Counsel became aware of the need for a continuance on [__/__/____] and filed this motion promptly on [__/__/____].

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

5. Prior Continuances: [________________________________] (Address the history, if any, and distinguish the current circumstances.)

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. [________________________________] (Attach stipulation if available.)

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

☐ Unable to Ascertain Position. The Moving Party has made diligent efforts to confer with opposing counsel, including [________________________________] (telephone calls on [dates], emails on [dates]), but has been unable to obtain a response.

VII. IMPACT ON TRIAL SCHEDULE

1. Granting the 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 statutory deadlines or limitation periods will be affected by the requested continuance because [________________________________].

5. The interests of justice support granting this motion 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 [__/__/____];
3. Modify the scheduling order deadlines as proposed in Section V above;
4. Grant such other and further relief as this Court deems just and proper.

RESPECTFULLY SUBMITTED this [__/__/____].

[________________________________]
(Law Firm Name)

By: ________________________________________
[________________________________]
State Bar of Arizona No. [________________________________]
Attorney for [________________________________]
[________________________________] (Address)
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

IX. DECLARATION IN SUPPORT OF MOTION FOR CONTINUANCE

I, [________________________________], declare under penalty of perjury as follows:

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

2. The [________________________________] (trial / hearing) is currently scheduled for [__/__/____] in Division [________________________________].

3. A continuance is necessary because: [________________________________]

4. I learned of the need for this continuance on [__/__/____] and promptly [________________________________] (contacted opposing counsel / prepared this motion).

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

6. The number of prior continuances in this matter is: [____]. [________________________________] (Describe history of prior continuances.)

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

8. Granting this continuance will not unduly prejudice any party and will serve the interests of justice.

9. The following supporting documents are attached:
   - ☐ Exhibit A: [________________________________]
   - ☐ Exhibit B: [________________________________]
   - ☐ Exhibit C: [________________________________]

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

Executed this [__/__/____] at [________________________________], Arizona.

________________________________________
[________________________________]
(Declarant)

X. PROPOSED ORDER GRANTING CONTINUANCE

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

[________________________________],
Plaintiff,

v.

No. [________________________________]

[________________________________],
Defendant.

ORDER GRANTING MOTION FOR CONTINUANCE

The Court has considered [________________________________]'s (Moving Party) Motion for Continuance, the supporting declaration, [________________________________] (any opposition filed / the stipulation of the parties), and the entire record. Good cause having been shown pursuant to Arizona Rule of Civil Procedure 38.1(a),

IT IS ORDERED:

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

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

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

b. Expert disclosure deadline: [__/__/____]

c. Rebuttal expert disclosure deadline: [__/__/____]

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

e. Joint pretrial statement: [__/__/____]

f. Final pretrial conference: [__/__/____]

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

4. The parties shall promptly notify the Court of any conflicts with the new dates.

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

DATED: ________________________

________________________________________
Hon. [________________________________]
Judge of the Superior Court

XI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], the foregoing MOTION FOR CONTINUANCE, DECLARATION IN SUPPORT, and [PROPOSED] ORDER was filed and served as follows:

☐ Electronically filed through AZTurboCourt, which will transmit notice of electronic filing to all registered counsel of record.

☐ Served by electronic mail upon:

☐ Served by first-class U.S. Mail, postage prepaid, upon:

☐ Served by personal delivery upon:

________________________________________
[________________________________]
(Name of Person Effecting Service)

PRACTICE NOTES

Good Cause Standard in Arizona

1. Abuse of Discretion Review. Postponement (continuance) rulings under Rule 38.1 are reviewed on appeal for abuse of discretion. The appellate court will not reverse unless the trial court's decision was arbitrary, capricious, or manifestly unreasonable.

2. Unavailable Witness (Rule 38.1). If the postponement is based on the absence of a material witness, support the motion with an affidavit or other evidence showing materiality, due diligence in attempting to procure the witness, and reasonable grounds to believe the witness can be obtained if the trial is postponed. Under Rule 38.1, the court may deny the motion if it finds the expected testimony would be inadmissible, or if all non-moving parties agree the movant's description of the witness's expected testimony is accurate and admissible (in which case the description may be read to the jury in place of live testimony).

3. Factors Courts Consider. Arizona courts evaluate: the timeliness of the request, the reason for the continuance, the diligence of the moving party, the number and length of prior continuances, prejudice to the opposing party, and the effect on the Court's calendar.

4. Mandatory Disclosure Rules. Arizona's mandatory disclosure requirements under Rule 26.1 mean that disclosure deadlines may need to be adjusted in connection with a continuance. Be specific about how disclosure obligations are affected.

Number of Prior Continuances

• Arizona courts disfavor serial continuances. Each successive request receives greater scrutiny.
• Always disclose the full continuance history honestly; failure to do so can damage credibility.
• If the opposing party previously received a continuance, note this fact to demonstrate balance and fairness.

County-Specific Local Rules

• Maricopa County: Check the Maricopa County Superior Court Local Rules and individual judge assignment orders. Some judges require continuance motions to be filed at least 10 business days before the scheduled date.
• Pima County: Review the Pima County Superior Court Local Rules for any specific continuance procedures or forms.
• Other Counties: Smaller counties may have less formal procedures but still require compliance with Rule 38.1. Contact the clerk's office or judicial assistant for specific requirements.

Electronic Filing Requirements

• File through AZTurboCourt (the Arizona courts' electronic filing system) where applicable.
• Submit the proposed order as a separate document in editable format (Word) if required by the assigned judge.
• Confirm that electronic service is effective for all parties; serve non-registered parties by traditional methods.

Timing Considerations

• File the motion as early as possible. Last-minute requests face heightened scrutiny.
• If expedited consideration is needed, invoke Rule 7.1(h) and explain the urgency.
• Some judges will rule on unopposed continuance motions without oral argument; contact the judicial assistant to confirm.

SOURCES AND REFERENCES

• Arizona Rules of Civil Procedure, Rule 38.1 -- Setting Civil Actions for Trial; Postponements (formerly Rule 40, renumbered eff. Jan. 1, 2017)
• Arizona Rules of Civil Procedure, Rule 7.1(a) -- Motion Practice; Supporting Memoranda
• Arizona Rules of Civil Procedure, Rule 16 -- Scheduling and Pretrial Case-Management Orders
• Arizona Rules of Civil Procedure, Rule 26.1 -- Mandatory Disclosure (expert disclosure under Rule 26.1(d))
• Arizona Judicial Branch, AZTurboCourt: https://www.azturbocourt.gov/
• Arizona Court Rules: https://www.azcourts.gov/rules