A party can ask to reschedule ("continue") an upcoming hearing or trial by filing a Motion to Continue Hearing or Trial. It is up to the commissioner or judge to decide if the hearing or trial will be rescheduled. If it is not rescheduled the parties should plan to attend the hearing or trial.
The process to ask to reschedule a hearing or trial differs by judicial district and by judge or commissioner.
For example, if both parties agree to reschedule, the commissioner or judge's team may organize a conference call with the parties to reschedule. Some judges or commissioners require a written request to reschedule.
The person asking to reschedule (the moving party) should contact the court handling the case and ask:
Who will decide your motion matters. You will follow different processes and timelines depending who decides your motion.
If you already know, scroll down to read about How to File a Motion Decided by a Judge or How to File a Motion Decided by a Commissioner. If you aren't sure, look at the caption of the complaint or petition. You can also answer the questions below.
Yes
If you have a divorce, custody, paternity, temporary separation, or protective order case, or a case about modifying an order in one of these cases, it might be heard by a commissioner. Answer the next question.
No
Your motion will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge.
Yes
If your family law case (divorce, custody, paternity, temporary separation, or a protective order) was filed in Judicial Districts 1, 2, 3, and 4, then it will be decided by a Commissioner. Scroll down to How to File a Motion Decided by a Commissioner.
No
If your case was filed in another judicial district, it will be heard by a judge. Scroll down to How to File a Motion Decided by a Judge.
I don't know
If you aren’t sure where your case is filed or whether it will be heard by a judge or commissioner, find out by contacting your court.
Step 1: Fill out your paperwork and file
Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion:
Aftere you fill out the motion, be sure to also fill out a Notice of Hearing. You can try contacting the court to get help scheduling your hearing and filling out the Notice of Hearing.
File both the motion and the Notice of Hearing with the court.
If you do not file a Notice of Hearing, the court might not schedule your hearing. If there is no hearing scheduled, the commissioner will never read your motion.
Are you filing exhibits with your motion? If yes, read more about exhibits below.
Step 2: Serve the other parties in your case
If you know the other parties in your case agree with your motion, ask them to sign your motion and write down that they agree with what you are asking for in your motion.
If the other parties do not agree, you will need to have them served with the papers.
Step 3: Wait, respond to any other paperwork, and attend the hearing
If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below.
The court will schedule a hearing. Be sure to attend. See our page on Going to Court for more information.
If you need help with the order, read about orders below.
The chart below has more information about when papers should be filed. If the responding party files a counter motion, you can see more timelines below.
| Documents | Who Files | Time to File and Serve |
| Motion | Moving party | Serve at least 28 days before the hearing |
| Memorandum Opposing the Motion | Responding party | At least 14 days before the hearing |
| Reply Memorandum Supporting the Motion | Moving party | At least 7 days before the hearing |
| Counter Motion Documents | Who Files | Time to File and Serve |
| Counter Motion (must be served with Memorandum Opposing the Motion | Responding party | At least 14 days before the hearing |
| Memorandum Opposing the Counter Motion | Original moving party | At least 7 days before the hearing |
| Reply Memorandum Supporting the Counter Motion | Responding party | At least 3 business days before the hearing |
Step 1: Fill out your paperwork and file
Start with the motion. Choose the right one for your situation from the forms section below. Here are some tips to help you with your motion:
File your motion with the court.
Are you filing exhibits with your motion? If yes, read more about exhibits below.
Step 2: Serve the other parties in your case
If you know the other parties in your case agree with your motion, ask them to sign your motion and write down that they agree with what you are asking for in your motion.
If the other parties do not agree, you will need to have them served with the papers.
Step 3: Wait, respond to any other paperwork, and then file a Request to Submit for Decision and proposed order
If the other party files a Memorandum Opposing the Motion, you may file a Reply Memorandum Supporting the Motion, but only to respond to something being raised for the first time in the opposing memorandum. Choose the right one for your situation from the forms section below.
Whatever happens, make sure that you file a Request to Submit for Decision and a proposed order. The court might not decide on your motion until you file these papers. The earliest that you can file this is 14 days after you file and serve the motion. Choose the right forms for your situation from the forms section below.
The court might schedule a hearing. If they do, be sure to attend. See our page on Going to Court for more information.
The chart below has more information when papers should be filed.
| Documents | Who Files | Time to File and Serve |
| Motion | Moving party | |
| Memorandum Opposing the Motion | Responding party | Within 14 days after the the moving party files and serves the motion |
| Reply Memorandum Supporting Motion | Moving party | Within 7 days after the responding party files and serves the Memorandum Opposing the Motion |
| Request to Submit for Decision | Moving party | After the last document in this list is filed, or sooner if the responding party does not file a Memorandum Opposing the Motion. No earlier than 14 days after filing and serving the motion |
It may take weeks for the court to decide the motion. The motion should be filed well ahead of the hearing or trial date. If the court has not made a decision on the motion by the date of the hearing or trial, the parties should plan to attend the hearing or trial on the originally scheduled date.
If the non-moving party agrees with the Motion to Continue, they can file a Stipulation. If all parties agree ahead of time to reschedule, they can work together to call the judge or commissioner's staff to reschedule, or they can file a Stipulated Motion.
If the non-moving party does not agree with the motion they can file a Memorandum Opposing the Motion. This document should be filed and sent to the other party as soon as possible.
The commissioner or judge can make a decision on the motion at any time. The court may follow the time frames for a motion found in Rule of Procedure 7, which takes a couple of weeks. Or, the court could decide the motion sooner. See the Motions page to read how motions usually work.
Information about filing documents in existing cases by email
The forms you need depend on your case. What is your case about?
If you aren’t sure whether your case is assigned to a judge or commissioner, find out. Call the court or look at the caption of the complaint or petition. If a commissioner's name is listed in the caption, the motion likely will be decided by a commissioner.
