STATE COURT MOTION FOR CONTINUANCE

(Michigan Circuit Court – Template)

1. CAPTION

STATE OF MICHIGAN
IN THE [COUNTY] CIRCUIT COURT

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

Hon. [JUDGE NAME]

MOTION FOR CONTINUANCE OF [TRIAL/HEARING]

2. MOTION

[MOVING PARTY], by counsel, respectfully moves the Court pursuant to MCR 2.503 to adjourn the [trial/hearing] currently scheduled for [CURRENT DATE] to [REQUESTED NEW DATE] or a date convenient to the Court.

Good cause exists because [describe reasons—e.g., "lead counsel is engaged in another trial", "critical witness is unavailable due to medical issues", "additional time is needed to complete discovery"].

Undersigned counsel certifies that on [DATE] [he/she/they] conferred with counsel for [OPPOSING PARTY], who [does/does not] oppose this motion.

3. BRIEF IN SUPPORT

A. Legal Standard

MCR 2.503(B)(1) permits adjournments for good cause shown. The Court considers factors such as the diligence of the requesting party, reasons for the adjournment, prior continuances, and potential prejudice. See People v. Coy, 258 Mich. App. 1, 18 (2003).

B. Argument

1. Good Cause Exists. [// GUIDANCE: Provide detailed factual explanation supported by documentation where available.]
2. Diligence and Lack of Prejudice. [// GUIDANCE: Describe steps taken to comply with existing deadlines and explain why the requested adjournment will not unduly prejudice other parties.]
3. Requested Relief. [// GUIDANCE: Propose revised deadlines consistent with the Court’s scheduling order under MCR 2.401.]

4. AFFIDAVIT/VERIFICATION OF [ATTORNEY NAME]

I, [ATTORNEY NAME], state:

1. I am counsel of record for [PARTY] in this action.
2. The [trial/hearing] is scheduled for [CURRENT DATE].
3. Good cause exists for the requested adjournment because [provide detailed facts].
4. I have acted diligently and sought relief promptly upon learning of the circumstances necessitating additional time.
5. On [DATE], I contacted 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.

[ATTORNEY NAME]

Subscribed and sworn to before me on __, 20, in [COUNTY] County, Michigan.

Notary Public, State of Michigan
My commission expires: ____

5. [PROPOSED] ORDER

STATE OF MICHIGAN
IN THE [COUNTY] CIRCUIT COURT

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

Hon. [JUDGE NAME]

ORDER GRANTING MOTION FOR CONTINUANCE

Upon reading [MOVING PARTY]'s Motion for Continuance and finding good cause pursuant to MCR 2.503, IT IS ORDERED that:

1. The [trial/hearing] scheduled for [CURRENT DATE] is adjourned to [NEW DATE] at [TIME].
2. The scheduling order is amended as follows: [list revised discovery, motion, and pretrial deadlines].
3. The parties shall notify all witnesses and comply with the revised schedule.

IT IS SO ORDERED.

Date: __ ________
Circuit Court Judge

6. PROOF OF SERVICE

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

[List recipients]

[NAME OF DECLARANT]