STATE COURT MOTION FOR CONTINUANCE

(Massachusetts Superior Court – Template)

1. CAPTION

COMMONWEALTH OF MASSACHUSETTS
[SUFFOLK] COUNTY SUPERIOR COURT

[PLAINTIFF NAME],
Plaintiff,

v. Civil Action No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

MOTION FOR CONTINUANCE OF [TRIAL/HEARING]

2. MOTION

[MOVING PARTY], by counsel, respectfully moves the Court to continue the [trial/hearing] currently scheduled for [CURRENT DATE] to [REQUESTED NEW DATE] or another date set by the Court.

This motion is brought pursuant to Mass. R. Civ. P. 40(b), which authorizes continuances for good cause, and the applicable Superior Court Standing Orders. Good cause exists because [describe reasons—e.g., "lead counsel is engaged in another trial", "essential witness is unavailable", "additional time is required to complete expert discovery"].

Counsel certifies compliance with Superior Court Rule 9A by conferring with [opposing counsel] on [DATE]; [opposing counsel] [does not oppose/opposes] this motion.

3. MEMORANDUM OF LAW

A. Legal Standard

Mass. R. Civ. P. 40(b) permits the Court to postpone a trial or hearing upon a showing of good cause. The Court considers diligence, the reasons for the request, prior continuances, and potential prejudice to the opposing party. See Commonwealth v. Miles, 420 Mass. 67, 85 (1995).

B. Argument

1. Good Cause Exists. [// GUIDANCE: Provide detailed factual support, including scheduling conflicts, witness availability, or discovery needs.]
2. Diligence and Lack of Prejudice. [// GUIDANCE: Describe efforts to comply with existing deadlines and explain why the requested continuance will not unduly prejudice the opposing party.]
3. Consistency with Time Standards. [// GUIDANCE: Address the applicable session’s time standards and propose revised deadlines.]

4. AFFIDAVIT/VERIFICATION OF [ATTORNEY NAME]

I, [ATTORNEY NAME], state under the penalties of perjury:

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

Executed this ___ day of ____, 20__, at [CITY], Massachusetts.

[ATTORNEY NAME]

5. [PROPOSED] ORDER

COMMONWEALTH OF MASSACHUSETTS
[SUFFOLK] COUNTY SUPERIOR COURT

[PLAINTIFF NAME],
Plaintiff,

v. Civil Action No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

ORDER ON MOTION FOR CONTINUANCE

Upon consideration of [MOVING PARTY]'s Motion for Continuance and good cause appearing pursuant to Mass. R. Civ. P. 40(b), IT IS ORDERED:

1. The [trial/hearing] scheduled for [CURRENT DATE] is continued to [NEW DATE] at [TIME].
2. All related deadlines (discovery, dispositive motions, pretrial filings) are adjusted as follows: [list revised dates].
3. The parties shall promptly notify all witnesses and comply with the revised schedule.

ENTERED: ______

Justice of the Superior Court

6. CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing MOTION FOR CONTINUANCE via the Massachusetts e-filing system or by first-class mail/hand delivery upon:

[List recipients]

[NAME OF DECLARANT]