Motion for Continuance - Superior Court of the District of Columbia

MOTION FOR CONTINUANCE

Superior Court of the District of Columbia -- Civil Division

CASE CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

[________________________________],
Plaintiff,

v.

Civil Action No. [________________________________]

[________________________________],
Defendant.

Calendar [____]: [________________________________]
Judge: Hon. [________________________________]

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 Superior Court Rules of Civil Procedure 40 and 16(k) for an order continuing the [________________________________] (trial / hearing / pretrial conference / status conference) currently scheduled for [__/__/____] to [__/__/____], or such other date as this Court deems appropriate.

Good cause exists for this continuance as demonstrated below. In compliance with Superior Court Rule of Civil Procedure 12-I(a), undersigned counsel certifies that on [__/__/____], [he/she/they] conferred with counsel for [________________________________] regarding the relief sought in this motion, and [________________________________] (opposing counsel consents to / does not consent to / has not responded regarding) the requested continuance.

II. GROUNDS FOR CONTINUANCE

The Moving Party requests 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 / arbitration / mediation) in [________________________________] (court / tribunal), Case No. [________________________________], scheduled for [__/__/____]. The conflicting matter was set on [__/__/____], which was [________________________________] (before / after) the proceeding in this case was calendared. The conflict cannot be resolved by [________________________________] (designating co-counsel / rescheduling the other matter) because [________________________________].

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

☐ Additional Discovery Needed -- Completion of outstanding discovery is necessary before the scheduled [________________________________] (trial / hearing) can fairly proceed. Specifically, the following discovery remains incomplete: [________________________________]. The discovery could not be completed within the existing schedule because [________________________________].

☐ Settlement Negotiations Pending -- The parties are engaged in good-faith settlement discussions and reasonably believe that additional time will permit resolution without [________________________________] (trial / further court proceedings). [________________________________] (A mediation is scheduled for [__/__/____] / A settlement conference has been requested / Negotiations are at an advanced stage.)

☐ Witness Unavailability -- A material witness, [________________________________], is unavailable for the scheduled date because [________________________________]. This witness's testimony is essential to [________________________________], and the testimony cannot be adequately presented by [________________________________] (deposition / affidavit / stipulation) because [________________________________].

☐ Newly Retained Counsel -- [________________________________] (party) has recently retained new counsel, who entered an appearance on [__/__/____]. New counsel needs additional time to [________________________________] (review the extensive case file / complete discovery / prepare for trial / familiarize with the issues).

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

☐ Pending Dispositive Motion -- A [________________________________] (motion for summary judgment / motion to dismiss / motion for judgment on the pleadings) filed on [__/__/____] remains pending before the Court. Resolution of this motion may [________________________________] (dispose of the action / narrow the issues for trial / moot the scheduled hearing).

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

☐ Other Good Cause -- [________________________________]

III. STATEMENT OF FACTS

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

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

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

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

5. Prior Continuances: [________________________________] (Disclose the full history of continuances in this case. If none, state: "No prior continuances have been requested or granted in this matter." If any were granted, provide: date, requesting party, reason, and length.)

6. Diligence: The Moving Party has diligently prosecuted this matter, including: [________________________________] (describe specific litigation steps taken, depositions completed, disclosures served, motions filed, etc.)

IV. GOOD CAUSE SHOWING

A. Legal Standard

Superior Court Rule of Civil Procedure 40 governs the assignment of cases for trial, and Rule 16(k) addresses continuances of trial and other pretrial deadlines. The Court may grant a continuance upon a showing of good cause. The decision rests within the broad discretion of the trial court.

In exercising this discretion, the Court considers the totality of the circumstances, including:

• The reason for the requested continuance;
• Whether the moving party has exercised reasonable diligence;
• Whether the request was made promptly upon discovery of the need;
• The number and length of prior continuances;
• Potential prejudice to the opposing party;
• The impact on the Court's calendar and the administration of justice; and
• Whether denial would deprive a party of a fair opportunity to present the case.

See Jones v. United States, 477 A.2d 231, 240 (D.C. 1984) (trial court has broad discretion in ruling on continuance motions); Appliances & Prosthetics, Inc. v. Curtin, 596 A.2d 530, 534 (D.C. 1991); Cooper v. Safeway Stores, Inc., 629 A.2d 31, 33 (D.C. 1993).

Additionally, Superior Court Rule 12-I(a) requires counsel to confer prior to filing contested motions, and the Court expects parties to address whether the relief is stipulated or opposed.

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 proceeding. Counsel learned of the need for a continuance on [__/__/____] and promptly took action.

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

5. Prior Continuances: [________________________________]

V. PROPOSED NEW DATES

The Moving Party respectfully proposes the following revised schedule:

Alternative dates available to the Moving Party: [________________________________].

VI. POSITION OF OPPOSING PARTY

Pursuant to Superior Court Rule of Civil Procedure 12-I(a):

☐ Stipulated / Unopposed. Undersigned counsel conferred with counsel for [________________________________] on [__/__/____], and opposing counsel [________________________________] (consents to / does not oppose) the requested continuance and proposed new dates.

☐ Opposed. Undersigned counsel conferred with counsel for [________________________________] on [__/__/____], and opposing counsel opposes the requested continuance. Opposing counsel's stated grounds are: [________________________________]. The Moving Party responds: [________________________________].

☐ Unable to Confer. Despite diligent efforts, including [________________________________] (telephone calls on [dates], emails on [dates], letters on [dates]), undersigned counsel has been unable to confer with opposing counsel regarding this motion.

VII. IMPACT ON TRIAL SCHEDULE AND PREJUDICE

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

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

3. Conversely, 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 are best served by 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) scheduled for [__/__/____] to [__/__/____], or such other date as the Court selects;
3. Adjust all related scheduling order deadlines as set forth in Section V above; and
4. Grant such other and further relief as the Court deems just.

DATED: [__/__/____]

[________________________________]
(Law Firm Name)

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

IX. DECLARATION IN SUPPORT OF MOTION FOR CONTINUANCE

I, [________________________________], declare 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 / 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 prosecuted this matter, including: [________________________________]

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

7. In compliance with Superior Court Rule 12-I(a), I conferred with counsel for [________________________________] on [__/__/____]. [He/She/They] [________________________________] (consent to / oppose / have not responded regarding) the requested continuance.

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

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

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

Executed on [__/__/____] at Washington, District of Columbia.

________________________________________
[________________________________]
(Declarant)

X. PROPOSED ORDER GRANTING CONTINUANCE

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

[________________________________],
Plaintiff,

v.

Civil Action No. [________________________________]

[________________________________],
Defendant.

ORDER GRANTING MOTION FOR CONTINUANCE

Upon consideration of [________________________________]'s (Moving Party) Motion for Continuance, the supporting declaration, [________________________________] (any opposition / the parties' stipulation), and the record herein, and good cause having been shown pursuant to Superior Court Rules of Civil Procedure 40 and 16(k),

IT IS HEREBY ORDERED:

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

2. The following deadlines are modified:

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

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

c. Pretrial statements: [__/__/____]

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

e. [________________________________] (additional deadline): [__/__/____]

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 revised dates.

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

SO ORDERED.

Date: ________________________

________________________________________
Hon. [________________________________]
Associate Judge
Superior Court of the District of Columbia

XI. CERTIFICATE OF SERVICE AND RULE 12-I(a) CERTIFICATION

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:

Rule 12-I(a) Certification

Pursuant to Superior Court Rule of Civil Procedure 12-I(a), I certify that undersigned counsel conferred with counsel for [________________________________] on [__/__/____] regarding the relief requested in this motion. [________________________________] (Counsel consents / Counsel objects, and the specific points of disagreement are: [________________________________] / Counsel could not be reached despite diligent efforts described in the motion.)

________________________________________
[________________________________]
(Name of Person Effecting Service)

PRACTICE NOTES

Good Cause Standard in the District of Columbia

1. Broad Discretion. The D.C. Superior Court has broad discretion in ruling on continuance motions. The D.C. Court of Appeals reviews these decisions for abuse of discretion. See Jones v. United States, 477 A.2d 231 (D.C. 1984).

2. Rule 12-I(a) Compliance Is Mandatory. Before filing any contested motion, counsel must confer with opposing counsel regarding the relief sought. Failure to include the Rule 12-I(a) certification may result in the motion being denied or stricken. Always document the date, time, and substance of the conference.

3. Rule 16(k) Provisions. Rule 16(k) specifically addresses trial continuances and may impose additional requirements beyond the general good cause standard. Check the current version of Rule 16(k) and any applicable standing orders issued by the Civil Division.

4. Scheduling Order Modifications. If the continuance requires modifying a scheduling order issued under Rule 16, the movant must show good cause for the modification. Courts evaluate whether the party seeking modification acted diligently in complying with the original schedule.

Number of Prior Continuances

• The D.C. Superior Court closely tracks the number of continuances granted in each case.
• Multiple prior continuances substantially increase the burden on the movant.
• Always provide a complete and accurate continuance history; the court clerk maintains records that the judge can verify.

Local Rules and Standing Orders

• Civil Division Standing Orders. Check the Civil Division's current standing orders for any specific continuance procedures, forms, or deadlines. Standing orders are available on the D.C. Courts website.
• Individual Judge Preferences. Each calendar judge may have specific requirements for continuance motions. Contact the judge's chambers or judicial assistant for guidance.
• Civil Case Management Orders. Review any case-specific management orders for limitations on continuances.

Electronic Filing

• File through CaseFileXpress or the court's designated e-filing system.
• Submit the proposed order as a separate document in editable format if required by the assigned judge.
• Ensure electronic service is completed through the e-filing system for all registered parties.
• For unregistered or pro se parties, serve by traditional methods and document service in the certificate.

Timing Considerations

• File the motion as early as possible. Last-minute motions face heightened scrutiny.
• If the matter is urgent, consider contacting chambers to request expedited consideration.
• The court may require oral argument on contested continuance motions; be prepared to appear.
• Unopposed motions may be resolved on the papers without a hearing.

Special Considerations for D.C. Practice

• The D.C. Superior Court Civil Division uses a calendar system; be aware of the assigned calendar judge's specific practices and preferences.
• D.C. has no state legislature; court rules are promulgated by the D.C. Superior Court under the authority of D.C. Code Section 11-946.
• D.C. Bar membership is required for all counsel appearing in Superior Court. Verify pro hac vice requirements for out-of-jurisdiction counsel.

SOURCES AND REFERENCES

• Superior Court Rules of Civil Procedure, Rule 40 -- Assignment of Cases for Trial
• Superior Court Rules of Civil Procedure, Rule 16 -- Pretrial Conferences; Scheduling; Management
• Superior Court Rules of Civil Procedure, Rule 16(k) -- Continuances
• Superior Court Rules of Civil Procedure, Rule 12-I(a) -- Meet and Confer Requirement
• Superior Court Rules of Civil Procedure, Rule 7(b) -- Motions and Other Papers
• D.C. Code Section 11-946 -- Rules of Court
• Jones v. United States, 477 A.2d 231 (D.C. 1984)
• Appliances & Prosthetics, Inc. v. Curtin, 596 A.2d 530 (D.C. 1991)
• Cooper v. Safeway Stores, Inc., 629 A.2d 31 (D.C. 1993)
• D.C. Courts Website: https://www.dccourts.gov/
• CaseFileXpress E-Filing: https://www.casefilexpress.com/