STATE COURT MOTION FOR CONTINUANCE

(Delaware Superior Court – Template)

[// GUIDANCE: Modify caption format when used in other divisions or courts.]

1. CAPTION

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [COUNTY] COUNTY

[PLAINTIFF NAME],
Plaintiff,

v. C.A. No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

MOTION FOR CONTINUANCE OF [TRIAL/HEARING]

2. MOTION

[MOVING PARTY], by and through undersigned counsel, moves for a continuance of the [trial/hearing] scheduled for [CURRENT DATE] and requests that the Court reset the matter for [REQUESTED NEW DATE] or another date convenient to the Court.

This motion is made pursuant to Superior Court Civil Rule 40(b) and Rule 7(b). Good cause exists because [describe primary grounds, e.g., "lead counsel is engaged in another trial", "critical witness is unavailable", "recently produced evidence requires additional discovery"].

Counsel certifies that on [DATE] [he/she/they] conferred with counsel for [OPPOSING PARTY] regarding the requested relief, and [opposing counsel] [does/does not] oppose this motion.

3. MEMORANDUM OF POINTS AND AUTHORITIES

A. Legal Standard

Superior Court Civil Rule 40(b) permits the Court to grant continuances for good cause shown. Delaware courts evaluate whether the moving party acted diligently, the reasons necessitating the continuance, any prior continuances, and potential prejudice to the opposing party or the Court. See Coastal Barge Corp. v. Coastal Zone Indus. Control Bd., 492 A.2d 1242, 1246 (Del. 1985) (continuance decisions lie within the trial court’s discretion and require a showing of good cause).

B. Argument

1. Good Cause Exists. [// GUIDANCE: Provide detailed factual explanation supporting the request. Include references to scheduling conflicts, discovery status, or other circumstances.]
2. Diligence and Lack of Prejudice. [// GUIDANCE: Describe efforts to comply with the current schedule, steps taken to mitigate delay, and why granting the motion will not unduly prejudice opposing parties or disrupt the Court’s docket.]
3. Requested Relief is Narrowly Tailored. [// GUIDANCE: Specify the amount of additional time needed, propose revised deadlines, and address the impact on any case management order.]

4. DECLARATION/AFFIDAVIT OF [ATTORNEY NAME]

I, [ATTORNEY NAME], being duly sworn, state:

1. I am counsel for [PARTY] in the above-captioned matter.
2. The [trial/hearing] is currently set for [CURRENT DATE].
3. A continuance is necessary because [provide detailed facts].
4. I promptly sought relief upon learning of these circumstances.
5. On [DATE], I conferred with counsel for [OPPOSING PARTY], who [does/does not] oppose this request.
6. The requested continuance is made in good faith and will not unduly prejudice any party.

[ATTORNEY NAME]

Subscribed and sworn before me this ___ day of ____, 20__.

Notary Public
My commission expires: ____

5. [PROPOSED] ORDER

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [COUNTY] COUNTY

[PLAINTIFF NAME],
Plaintiff,

v. C.A. No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

Upon consideration of [MOVING PARTY]'s Motion for Continuance, the Court finds good cause under Superior Court Civil Rule 40(b). IT IS ORDERED:

1. The [trial/hearing] scheduled for [CURRENT DATE] is continued to [NEW DATE] at [TIME].
2. Related deadlines are adjusted as follows: [list revised dates for discovery, dispositive motions, pretrial submissions].
3. Counsel shall notify all witnesses and parties of the new schedule.

SO ORDERED this ___ day of ____, 20__.

Judge [NAME]

6. CERTIFICATE OF SERVICE

I certify that on [DATE], a copy of the foregoing MOTION FOR CONTINUANCE was served via File & ServeXpress upon:

[List recipients]

[NAME OF DECLARANT]