STATE COURT MOTION FOR CONTINUANCE

(Maine Superior Court – Template)

1. CAPTION

STATE OF MAINE
[COUNTY] SUPERIOR COURT
Docket No. [CASE NUMBER]

[PLAINTIFF NAME],
Plaintiff,

v.

[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 set for [CURRENT DATE] to [REQUESTED NEW DATE] or such other date as the Court deems appropriate.

This motion is brought pursuant to Maine Rule of Civil Procedure 40(b). Good cause exists because [describe reasons—e.g., "lead counsel is engaged in another trial", "key witness is unavailable", "additional discovery is required following late disclosure"].

Counsel certifies that on [DATE] [he/she/they] conferred with opposing counsel, who [does/does not] oppose this motion.

3. MEMORANDUM OF LAW

A. Legal Standard

M.R. Civ. P. 40(b) authorizes the Court to postpone a trial or hearing for good cause shown. Courts consider the diligence of the moving party, the reasons for the request, prior continuances, and potential prejudice. See State v. Rossignol, 627 A.2d 524, 527 (Me. 1993).

B. Argument

1. Good Cause Exists. [// GUIDANCE: Provide detailed factual support, including scheduling conflicts, witness unavailability, 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. Requested Relief. [// GUIDANCE: Propose revised deadlines consistent with any case management order entered under M.R. Civ. P. 16.]

4. AFFIDAVIT/DECLARATION OF [ATTORNEY NAME]

I, [ATTORNEY NAME], declare under penalty of perjury pursuant to 14 M.R.S. § 1:

1. I am counsel of record for [PARTY] in this matter.
2. The [trial/hearing] is presently 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. On [DATE], I conferred with counsel for [OPPOSING PARTY], who [does/does not] oppose the requested continuance.
6. This motion is made in good faith and not for purposes of delay.

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

[ATTORNEY NAME]

5. [PROPOSED] ORDER

STATE OF MAINE
[COUNTY] SUPERIOR COURT
Docket No. [CASE NUMBER]

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

ORDER ON MOTION FOR CONTINUANCE

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

1. The [trial/hearing] set for [CURRENT DATE] is continued to [NEW DATE] at [TIME].
2. All related deadlines are amended as follows: [list revised discovery, motion, and pretrial deadlines].
3. The parties shall promptly notify witnesses and comply with the revised schedule.

DATED: ______

Justice, Maine Superior Court

6. CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing MOTION FOR CONTINUANCE via the Maine eFiling system (if applicable) and by [additional method] upon:

[List recipients]

[NAME OF DECLARANT]