STATE COURT MOTION FOR CONTINUANCE

(Minnesota District Court – Template)

[// GUIDANCE: Confirm whether the assigned judicial district mandates a separate Notice of Motion. If so, adapt Section 2 accordingly and upload the Notice as a distinct filing in eFS.]

TABLE OF CONTENTS

1. Caption and Filing Metadata ...................................................................................... 2
2. Notice of Motion and Motion ...................................................................................... 3
3. Statement of Facts and Procedural Background .......................................................... 5
4. Legal Standard ............................................................................................................. 7
5. Argument ..................................................................................................................... 8
   5.1 Diligence and Efforts to Comply with Existing Deadlines ................................... 9
   5.2 Necessity of Continuance and Supporting Circumstances .................................. 10
   5.3 Prejudice Analysis and Interests of Justice ........................................................ 12
   5.4 Alternative Scheduling Relief / Requested Adjustments .................................... 13
6. Declaration of [ATTORNEY NAME] .............................................................................. 14
7. [Proposed] Order ........................................................................................................ 17
8. Certificate of Service ................................................................................................... 19
9. Optional Attachments Checklist ................................................................................. 21

1. CAPTION AND FILING METADATA

STATE OF MINNESOTA DISTRICT COURT
COUNTY OF [COUNTY NAME] [JUDICIAL DISTRICT] JUDICIAL DISTRICT
Court File No.: [CASE NUMBER]
Case Type: [CIVIL/HOUSING/PROBATE/FAMILY]

[PLAINTIFF NAME],
Plaintiff,
MOTION FOR CONTINUANCE OF
v. [TRIAL/HEARING]

[DEFENDANT NAME],
Defendant.
Hearing Date: [CURRENT HEARING/TRIAL DATE]
Requested New Date: [REQUESTED DATE RANGE OR "Date Convenient to the Court"]
Assigned Judge: Hon. [JUDGE NAME]
Location: [COURTHOUSE ADDRESS OR REMOTE PLATFORM DETAILS]

[// GUIDANCE: Verify caption formatting requirements in Minn. R. Gen. Prac. 111 and local standing orders.]

2. NOTICE OF MOTION AND MOTION

TO: [Opposing Counsel Names and Service Addresses]

PLEASE TAKE NOTICE that on [HEARING DATE ON MOTION] at [TIME] (or as soon thereafter as counsel may be heard) in Courtroom [COURTROOM/Virtual Meeting ID] of the above-entitled Court, [MOVING PARTY] will move the Court for an order continuing the [trial/hearing] presently scheduled for [CURRENT DATE].

This motion is made pursuant to Minn. R. Gen. Prac. 122, Minn. R. Civ. P. 16.02, and the Court’s inherent authority to manage its calendar. [MOVING PARTY] seeks to continue the [trial/hearing] to [REQUESTED NEW DATE OR DATE RANGE], or another date deemed appropriate by the Court, and to extend related pretrial deadlines as set forth herein.

The motion is based upon this Notice, the accompanying Memorandum of Law, the Declaration of [ATTORNEY NAME], all pleadings and records on file, and such additional evidence or argument as may be presented at or before the hearing. Counsel certifies that a meet-and-confer was held with [Opposing Counsel] on [DATE], resulting in [state outcome: stipulation, opposition, partial agreement].

DATED: [DATE]
[LAW FIRM NAME]

By: _______
[ATTORNEY NAME] (# [MN ATTORNEY ID])
Attorneys for [PARTY]

3. STATEMENT OF FACTS AND PROCEDURAL BACKGROUND

[// GUIDANCE: Provide a detailed chronology addressing case initiation, discovery progress, dispositive motions, ADR efforts, prior continuances, and the current scheduling order.]

1. Case Overview. [Insert succinct summary of claims/defenses and procedural posture.]
2. Scheduling Milestones. [Outline key dates such as scheduling conference, discovery cutoff, expert disclosures, mediation, and motion deadlines.] Cite the operative Scheduling Order dated [DATE].
3. Recent Developments Necessitating Relief. [Describe new circumstances: medical emergencies, expert withdrawal, late-produced documents, unavoidable scheduling conflicts, overlapping trials, etc.] Attach supporting exhibits (e.g., medical certification, deposition notices) as necessary.
4. Prior Continuance Requests. [Identify number of prior continuances, their reasons, and outcomes. If none, state that this is the first request.]

4. LEGAL STANDARD

Under Minn. R. Gen. Prac. 122.01, continuances "will be granted only upon a showing of good cause." Factors courts consider include diligence of the requesting party, necessity of the continuance, prejudice to the parties, the interests of justice, and adherence to the Scheduling Order. See Lampert Lumber Co. v. Joyce, 405 N.W.2d 423, 425 (Minn. 1987) (continuance rulings reviewed for abuse of discretion); In re Estate of Palmer, 658 N.W.2d 197, 200 (Minn. Ct. App. 2003) (affirming continuance where movant promptly sought relief and demonstrated specific need). Courts also evaluate whether the request is made in good faith and whether less drastic alternatives could mitigate prejudice. Minn. R. Civ. P. 1; Minn. Gen. R. Prac. 122.02.

5. ARGUMENT

5.1 Diligence and Efforts to Comply with Existing Deadlines

[// GUIDANCE: Describe concrete efforts undertaken to prepare for trial/hearing—completed discovery, expert retention, motion practice, ADR attendance. Explain why, despite diligence, the current schedule is untenable. Include references to correspondence, deposition scheduling attempts, and third-party compliance issues.]

5.2 Necessity of Continuance and Supporting Circumstances

[// GUIDANCE: Provide specific facts demonstrating why the continuance is essential. Examples include:
- Critical witness unavailability with supporting affidavits or medical statements.
- Recent substitution of lead counsel requiring reasonable preparation time (see Minn. Gen. R. Prac. 122.02(a)).
- Outstanding expert testing or document production that cannot be completed before trial despite diligence.
- Pending dispositive or Daubert motions whose resolution affects trial readiness.]

5.3 Prejudice Analysis and Interests of Justice

Explain how denying the continuance would materially prejudice [MOVING PARTY] (e.g., inability to present key testimony, ethical conflicts). Address potential prejudice to opposing parties and propose mitigation (e.g., cost reimbursement, expedited discovery). Emphasize that a short continuance serves judicial efficiency and aligns with the mandate of Minn. R. Civ. P. 1 to secure a just determination.

5.4 Alternative Scheduling Relief / Requested Adjustments

[// GUIDANCE: Detail the precise relief sought, including revised deadlines for dispositive motions, expert disclosures, mediation, and witness/exhibit exchanges. Provide an updated scheduling grid if available. Offer alternative dates confirmed with counsel and the Court’s calendar clerk if required.]

6. DECLARATION OF [ATTORNEY NAME]

I, [ATTORNEY NAME], declare under Minn. Stat. § 358.116:

1. Identity and Representation. I am counsel for [PARTY] in the above-captioned matter and make this declaration based on personal knowledge except where stated on information and belief.
2. Current Setting. The [trial/hearing] is presently set for [CURRENT DATE] with pretrial submissions due on [DEADLINES].
3. Good Cause Facts. [Provide granular factual detail supporting good cause—e.g., "On [DATE], Dr. [NAME], a critical expert witness, informed me of an unavoidable surgery scheduled for [DATE], rendering them unavailable for testimony." Attach Exhibit A.]
4. Diligence. Since the Scheduling Order issued on [DATE], my team has [list actions: conducted depositions, exchanged discovery, complied with mediation order]. We sought to resolve the issue without court intervention by [describe steps].
5. Meet-and-Confer. On [DATE], I conferred with [Opposing Counsel] via [method] regarding this request. [Opposing Counsel] [stated no objection/objected for the following reasons]. A true and correct copy of correspondence is attached as Exhibit [X].
6. Prior Requests. [State number of prior continuances, if any, and justify.]
7. Good Faith. This motion is made in good faith and not to cause delay. The continuance will allow [describe benefit, e.g., completion of expert testing] and will not prejudice any party because [explain].

I declare under penalty of perjury that the foregoing is true and correct. Executed on [DATE] at [CITY], Minnesota.

[ATTORNEY NAME]

7. [PROPOSED] ORDER

STATE OF MINNESOTA )
) DISTRICT COURT
COUNTY OF [COUNTY] ) [JUDICIAL DISTRICT] JUDICIAL DISTRICT

Case File No. [CASE NUMBER]

[PROPOSED] ORDER GRANTING MOTION FOR CONTINUANCE

The Court, having considered [Party]'s Motion for Continuance, the supporting Declaration of [ATTORNEY NAME], any opposition, and the files and records herein, FINDS:

1. Good cause exists under Minn. R. Gen. Prac. 122 to continue the [trial/hearing] currently set for [CURRENT DATE].
2. The interests of justice are served by revising the scheduling order to allow the parties adequate time to complete [identify tasks].

IT IS HEREBY ORDERED:

A. The [trial/hearing] is continued to [NEW DATE] at [TIME] in Courtroom [NUMBER] / via [REMOTE PLATFORM].
B. The Scheduling Order dated [ORIGINAL ORDER DATE] is amended as follows:
1. Expert disclosures (primary/rebuttal): ___
2. Dispositive motion deadline: ______
3. Witness and exhibit exchange: ____
4. Pretrial submissions (motions in limine, jury materials):
5. Any additional deadlines: _______
C. Counsel shall promptly notify all witnesses and coordinate with court administration regarding the new date.
D. All other provisions of prior orders remain in effect.

Dated: ________

Hon. [JUDGE NAME]
Judge of District Court

8. CERTIFICATE OF SERVICE

I certify that on [DATE], I filed the foregoing Motion for Continuance via Minnesota eFile and eServe (eFS), which constitutes service on registered users pursuant to Minn. R. Civ. P. 5.04. I further served copies via [method, e.g., U.S. Mail, email by agreement] on:

• [Name], Counsel for [Party], [Email/Address]
• [Name], [Role], [Email/Address]

Dated: [DATE]

[NAME OF DECLARANT]

9. OPTIONAL ATTACHMENTS CHECKLIST

• Exhibit A: Current Scheduling Order dated [DATE].
• Exhibit B: Supporting documentation (e.g., medical certification, travel itinerary, expert report timeline).
• Exhibit C: Meet-and-confer correspondence (emails or letters).
• Exhibit D: Proposed revised scheduling grid (Excel or table format).
• Exhibit E: Affidavits from witnesses or experts confirming availability constraints.