STATE COURT MOTION FOR CONTINUANCE

(Louisiana District Court – Template)

1. CAPTION

19TH JUDICIAL DISTRICT COURT
PARISH OF [PARISH]
STATE OF LOUISIANA

[PLAINTIFF NAME],
Plaintiff,

v. No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

Division “[DIVISION]”
Judge: [JUDGE NAME]

MOTION FOR CONTINUANCE OF [TRIAL/HEARING]

2. MOTION

[MOVING PARTY], appearing through undersigned counsel, respectfully moves this Honorable Court for a continuance of the [trial/hearing] currently scheduled for [CURRENT DATE], and requests that it be reset for [REQUESTED NEW DATE] or another date convenient to the Court.

This motion is made pursuant to Louisiana Code of Civil Procedure articles 1601 and 1602, which authorize continuances upon a showing of good cause or when required by law. Good cause exists because [describe reasons—e.g., "lead counsel is engaged in another trial", "material witness is unavailable despite due diligence", "recently produced records necessitate additional discovery"].

In accordance with La. Dist. Ct. Rule 9.5, undersigned counsel certifies that on [DATE] [he/she/they] conferred with counsel for [OPPOSING PARTY], who [does/does not] oppose this motion.

3. MEMORANDUM OF LAW

A. Legal Standard

Article 1601 permits the Court to grant a continuance "if there is good ground therefor." Article 1602 mandates continuances in limited circumstances, including when counsel is absent or a witness is temporarily unavailable despite due diligence. The Court retains wide discretion, guided by considerations of fairness, diligence, and prejudice. See Buxton v. Evans, 478 So. 2d 736, 739 (La. App. 3 Cir. 1985).

B. Argument

1. Good Cause and Due Diligence. [// GUIDANCE: Provide detailed factual support demonstrating compliance with articles 1601 and/or 1602, including efforts to secure witness availability or resolve scheduling conflicts.]
2. Absence of Prejudice. [// GUIDANCE: Explain why the continuance will not unduly prejudice opposing parties and will promote the interests of justice.]
3. Requested Relief. [// GUIDANCE: Propose revised deadlines consistent with any existing scheduling order or La. Code Civ. Proc. art. 1551 case management plan.]

4. AFFIDAVIT OF [ATTORNEY NAME]

STATE OF LOUISIANA
PARISH OF [PARISH]

BEFORE ME, the undersigned Notary Public, personally came and appeared [ATTORNEY NAME], who, after being duly sworn, stated:

1. I am counsel of record for [PARTY] in the above-captioned matter.
2. The [trial/hearing] is scheduled for [CURRENT DATE].
3. Good cause exists for a continuance because [provide detailed facts].
4. I exercised due diligence to prepare this matter and promptly filed this motion upon 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. This motion is made in good faith and not for purposes of delay.

[ATTORNEY NAME]

SWORN TO AND SUBSCRIBED before me this ___ day of ____, 20__, at [CITY], Louisiana.

Notary Public
Notary ID/Bar Roll No.: _
My commission expires: _

5. [PROPOSED] ORDER

19TH JUDICIAL DISTRICT COURT
PARISH OF [PARISH]
STATE OF LOUISIANA

[PLAINTIFF NAME],
Plaintiff,

v. No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

DIVISION “[DIVISION]”

ORDER

Considering the Motion for Continuance filed by [MOVING PARTY], the supporting affidavit, and the law applicable thereto, IT IS ORDERED that:

1. The [trial/hearing] set for [CURRENT DATE] is continued to [NEW DATE] at [TIME].
2. All related deadlines, including discovery, expert disclosures, and pretrial filings, are reset as follows: [list revised dates].
3. Counsel shall notify all witnesses and parties of the new settings.

THUS DONE AND SIGNED at [CITY], Louisiana, this ___ day of ____, 20__.

Judge, 19th Judicial District Court

6. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], a copy of the foregoing MOTION FOR CONTINUANCE was served via the Louisiana e-filing system and by [additional method, if any] upon:

[List recipients]

[NAME OF DECLARANT]