STATE COURT MOTION FOR CONTINUANCE

(Idaho District Court – Template)

1. CAPTION

IN THE DISTRICT COURT OF THE [__] JUDICIAL DISTRICT OF THE STATE OF IDAHO
IN AND FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

MOTION FOR CONTINUANCE OF [TRIAL/HEARING]

2. MOTION

[MOVING PARTY], through undersigned counsel, respectfully moves the Court to continue the [trial/hearing] presently scheduled for [CURRENT DATE] to [REQUESTED NEW DATE] or another date convenient to the Court.

This motion is made pursuant to Idaho Rule of Civil Procedure 40(b) and Rule 7(b). Good cause exists because [describe detailed reasons—e.g., "lead counsel has a conflicting federal trial", "key expert witness is unavailable", "recent discovery responses require follow-up depositions"].

Counsel certifies compliance with IRCP 7.1 by conferring with counsel for [OPPOSING PARTY] on [DATE]; [opposing counsel] [does not oppose/opposes] the requested relief.

3. MEMORANDUM OF POINTS AND AUTHORITIES

A. Legal Standard

Idaho Rule of Civil Procedure 40(b) authorizes the Court to continue any trial or hearing for good cause shown. The Court evaluates the diligence of the moving party, the reasons for the request, prior continuances, potential prejudice to other parties, and the effect on the Court’s calendar. See State v. Griffith, 161 Idaho 361, 366, 386 P.3d 681 (2016) (continuance decisions rest within the trial court’s discretion and require a showing of good cause).

B. Argument

1. Good Cause Exists. [// GUIDANCE: Detail the factual circumstances necessitating the continuance, including dates, efforts undertaken, and supporting documentation.]
2. Diligence and Lack of Prejudice. [// GUIDANCE: Describe steps taken to comply with the current schedule, mitigation efforts, and why the requested delay will not unduly prejudice other parties.]
3. Consistency with Case Management Orders. [// GUIDANCE: Address the existing scheduling order, propose revised deadlines, and confirm the request aligns with IRCP 16(b).]

4. DECLARATION OF [ATTORNEY NAME]

I, [ATTORNEY NAME], declare under penalty of perjury pursuant to Idaho Code § 9-1406:

1. I am counsel of record for [PARTY] in this matter.
2. The [trial/hearing] is currently set for [CURRENT DATE].
3. A continuance is necessary because [provide detailed facts].
4. This motion is made promptly after learning of the circumstances necessitating additional time.
5. On [DATE], I conferred with counsel for [OPPOSING PARTY], who [does/does not] oppose this motion.
6. Granting the requested continuance will not unduly prejudice any party and will promote a fair resolution.

Executed on [DATE] at [CITY], Idaho.

[ATTORNEY NAME]

5. [PROPOSED] ORDER

IN THE DISTRICT COURT OF THE [__] JUDICIAL DISTRICT OF THE STATE OF IDAHO
IN AND FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

ORDER GRANTING MOTION FOR CONTINUANCE

The Court, having reviewed [MOVING PARTY]'s Motion for Continuance, finds good cause under Idaho Rule of Civil Procedure 40(b). IT IS HEREBY ORDERED:

1. The [trial/hearing] scheduled for [CURRENT DATE] is continued to [NEW DATE] at [TIME].
2. The Scheduling Order is amended as follows: [list revised deadlines for discovery, expert disclosures, dispositive motions, and pretrial filings].
3. Counsel shall promptly advise all witnesses and parties of the new schedule.

DATED this ___ day of ____, 20__.

District Judge

6. CERTIFICATE OF SERVICE

I certify that on [DATE], a true and correct copy of the foregoing MOTION FOR CONTINUANCE was served via the iCourt electronic filing system and by [additional method, if any] upon:

[List recipients]

[NAME OF DECLARANT]