STATE COURT MOTION FOR CONTINUANCE

(Maryland Circuit Court – Template)

1. CAPTION

IN THE CIRCUIT COURT FOR [COUNTY] COUNTY, MARYLAND

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

MOTION FOR CONTINUANCE OF [TRIAL/HEARING]

2. MOTION

[MOVING PARTY], by counsel, respectfully moves this Court for an order postponing the [trial/hearing] currently set for [CURRENT DATE] to [REQUESTED NEW DATE] or another date convenient to the Court.

This motion is made pursuant to Maryland Rule 2-508, which authorizes postponements for good cause. Good cause exists because [describe reasons—e.g., "lead counsel is engaged in another trial", "critical expert witness is unavailable", "additional time is needed to complete discovery"].

Counsel certifies pursuant to Rule 2-311 that on [DATE] [he/she/they] conferred with counsel for [OPPOSING PARTY], who [does/does not] oppose this request.

3. MEMORANDUM OF LAW

A. Legal Standard

Md. Rule 2-508(a) allows the Court to continue proceedings for good cause shown. The Court considers diligence, reasons for the request, prior postponements, the impact on the DCM schedule, and potential prejudice. See Touzeau v. Deffinbaugh, 394 Md. 654, 669 (2006).

B. Argument

1. Good Cause Exists. [// GUIDANCE: Provide detailed factual support, including timelines, discovery status, and supporting documentation.]
2. Diligence and Lack of Prejudice. [// GUIDANCE: Explain efforts to comply with the scheduling order, describe mitigation steps, and address any prejudice to the opposing party.]
3. Consistency with DCM Plan. [// GUIDANCE: Identify the current track, deadlines, and proposed revisions consistent with the county’s DCM guidelines.]

4. AFFIDAVIT/CERTIFICATION OF [ATTORNEY NAME]

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

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

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

[ATTORNEY NAME]

5. [PROPOSED] ORDER

IN THE CIRCUIT COURT FOR [COUNTY] COUNTY, MARYLAND

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

ORDER GRANTING MOTION FOR CONTINUANCE

Upon consideration of [MOVING PARTY]'s Motion for Continuance and for good cause shown pursuant to Md. Rule 2-508, it is this ___ day of ____, 20__, ORDERED that:

1. The [trial/hearing] set for [CURRENT DATE] is postponed to [NEW DATE] at [TIME].
2. The Scheduling Order is amended as follows: [list revised discovery, motion, and pretrial deadlines].
3. The Clerk shall issue updated notices consistent with the county’s DCM plan.

Judge, Circuit Court for [COUNTY] County

6. CERTIFICATE OF SERVICE

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

[List recipients]

[NAME OF DECLARANT]