STATE COURT MOTION FOR CONTINUANCE

(Illinois Circuit Court – Template)

1. CAPTION

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
[LAW/DIVISION]

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [CASE NUMBER]
Calendar [CALENDAR]

[DEFENDANT NAME],
Defendant.

MOTION FOR CONTINUANCE OF [TRIAL/HEARING]

2. MOTION

[MOVING PARTY], by its attorneys, respectfully moves this Court to continue the [trial/hearing] currently set for [CURRENT DATE] to [REQUESTED NEW DATE] or a date convenient to the Court.

This motion is brought pursuant to 735 ILCS 5/2-1007, which permits continuances for good cause shown. Good cause exists because [describe reasons—e.g., "lead counsel has another matter set for trial", "critical witness is unavailable", "recent discovery requires additional depositions"].

Counsel has consulted with [opposing counsel] on [DATE]; [opposing counsel] [does not oppose/opposes] this motion.

3. MEMORANDUM OF LAW

A. Legal Standard

Section 2-1007 of the Illinois Code of Civil Procedure authorizes the Court to grant continuances for good cause. Courts consider factors such as diligence, the reasons for the request, prior continuances, and prejudice to other parties. See In re Marriage of Ward, 282 Ill. App. 3d 423, 430, 668 N.E.2d 149 (1st Dist. 1996).

B. Argument

1. Good Cause Exists. [// GUIDANCE: Provide a detailed factual explanation supporting the continuance.]
2. Diligence and Lack of Prejudice. [// GUIDANCE: Describe efforts undertaken to comply with current deadlines and explain why the requested continuance will not unduly prejudice other parties.]
3. Proposed Revised Schedule. [// GUIDANCE: Outline requested new dates consistent with Rule 218 case management orders.]

4. VERIFICATION / AFFIDAVIT OF [ATTORNEY NAME]

I, [ATTORNEY NAME], under penalties of perjury as provided by 735 ILCS 5/1-109, state as follows:

1. I am counsel of record for [PARTY] in this matter.
2. The [trial/hearing] is currently scheduled for [CURRENT DATE].
3. Good cause exists for a continuance because [provide detailed facts].
4. This request is made promptly after learning of the circumstances necessitating additional time.
5. I conferred with counsel for [OPPOSING PARTY] on [DATE]; [opposing counsel] [does/does not] oppose this motion.
6. The requested continuance is made in good faith and not for purposes of delay.

Executed this ___ day of ____, 20__, in [CITY], Illinois.

[ATTORNEY NAME]

5. [PROPOSED] ORDER

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
[LAW/DIVISION]

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

[PROPOSED] ORDER ON MOTION FOR CONTINUANCE

Upon consideration of [MOVING PARTY]'s Motion for Continuance and finding good cause under 735 ILCS 5/2-1007, IT IS ORDERED:

1. The [trial/hearing] scheduled for [CURRENT DATE] is continued to [NEW DATE] at [TIME].
2. The Court’s case management dates are modified as follows: [list revised discovery, expert, and motion deadlines].
3. The parties shall promptly notify all witnesses of the new schedule.

ENTERED: ______

Judge of the Circuit Court of Cook County

6. CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing MOTION FOR CONTINUANCE via eFileIL and by [additional method, if any] upon:

[List recipients]

[NAME OF DECLARANT]