Rule 38.01 Procedure for Obtaining Continuance

If you need to postpone a court date, both sides agreeing to it is not enough. Only a judge can approve a continuance, and you have to ask the court for permission.

Once a trial date is set, the court expects everyone to be ready to go on that date. If something comes up and you truly need more time, you must have a good reason for the delay. You also need to tell the court about the problem as soon as you can, rather than waiting until the last minute. Judges want advance notice so they can plan their schedules and keep cases moving.

This rule exists to stop people from dragging out cases just because both sides find it convenient to wait. If you need a continuance, be ready to explain your reason clearly and bring it to the judge's attention early.