Five Ways to Postpone a Pending Court Date

Have you ever had a court date looming and wanted to get out of it for the time being? Here are five ways to get out of court without being held in contempt (most of the time anyway).

I - Hire an Attorney

No one knows how to continue a case like a professional. If you hire an attorney for your case whether criminal or civil, it's almost certain that you can buy yourself a little more time. Attorney reasons for continuances range from scheduling conflicts to needing more time to prepare. While this is a costly way to keep pending judgments at bay, it will almost certainly result in your court date being pushed back for at least a little more time.

II - Get a Doctor's Note (if you can)

Sickness and injury are two great ways to get out of going to court so long as there is a doctor's signature to corroborate said sickness or injury. In some cases, you do not have to be the person who is sick. Illness of a child or elder relative you care for can also result in a continuance (with proper doctor documentation).

III - Request Additional Time to Hire an Attorney

Although this may sound a little like our first way to postpone a court date, this one is a little different. In civil cases in lower courts, a judge will probably give you at least one continuance if you have not had the opportunity to hire counsel (if you are being sued. If you are suing someone you probably cannot use this option). In criminal court if your charges may result in a jail sentence and you do not qualify for court appointed counsel, you can probably request additional time to seek an attorney. But be ye warned when attempting this method, depending on how much time you have already had to seek counsel, this may not work. Also, in criminal cases if the prosecutor waives jail time, generally, the court will feel you do not need an attorney.

IV - Have a Pre-planned Trip to Leave the Country

If you are already scheduled to be outside of the United States, generally the courts will work with you and grant a continuance no matter whether the case is business or pleasure. Be advised as we mentioned in the previous option, this method will generally only be viable if you are a defendant in an action. Bringing suit and then requesting a continuance because you are leaving the country will probably not go over well with the courts.

V - Just Ask for It

Finally, often judges are quite reasonable especially in lower courts so there is no harm in asking for a continuance, be prepared to use any of the above reasons, but sometimes courts may grant them for other issues like child care problems, probationary periods at a new job, funerals, weddings, etc.

It is probably better to make your request in writing, prior to the week before your court date. It is important to note that requesting a continuance could result in your consent to personal jurisdiction in the court in question. So if you live outside of the state where your court case is pending, you will probably want to consult an attorney. Also, for out of state clients, you may also want to contact an attorney in the jurisdiction where the case is pending to find out whether the case can be tried in your absence.

If you are making your first request for a continuance, the court will probably be more inclined to grant it for a good reason. Subsequent requests should be avoided if possible.