Before you start completing the Motion to Continue, make sure you have the following information ready:
Case & Court Information
Court Name (Family Division location)
Case Number (if already assigned)
Case Name – In the matter of [Petitioner] and [Respondent]
Filing Party Information
For the person submitting the motion (Petitioner or Respondent):
Full legal name (first, middle, last)
Complete mailing address (street, city/town, state, ZIP code)
Telephone number
Email address
Court Event Details
You’ll need to gather the following information about the upcoming and prior court events:
Type of hearing you’re asking to continue (e.g., Pretrial Conference, Final Hearing, Status Conference)
Date and time of the scheduled hearing
Date the Notice of Hearing was issued
Type of last court event (e.g., Temporary Hearing, Review Hearing, etc.)
Date of the last court event
Result or outcome of the last court event (e.g., temporary orders entered, continued for further hearing, etc.)
Filing History
Who initiated the case (Petitioner or Respondent)
Type of document that began the case (e.g., Petition for Divorce, Petition to Change Parenting Plan)
Date that initiating document was filed
Reason for Continuance
Be prepared to explain:
Why you need the continuance (for example: medical issue, scheduling conflict, awaiting discovery, new counsel, etc.)
Length of continuance requested (e.g., one week, 30 days, next available date, etc.)
Whether the continuance would cause prejudice to the other party, and if not, why (e.g., “will not cause delay or hardship”)
Whether granting the continuance is in the interest of judicial economy (helps ensure the hearing is productive and fair)
Filing Timeliness
You’ll need to indicate:
Whether this motion is filed in accordance with NH Family Division Rule 1.27(B) (within 10 days of the hearing notice)
Whether this motion is filed more than 10 days after the notice was mailed (if so, briefly explain why)
Communication With the Other Party
Whether you made a good faith attempt to obtain agreement from the other side about continuing the hearing
If yes: provide
Method of contact (phone, email, text, etc.)
Date and time of attempt
How the other party responded and when
If no: explain why it was not reasonable to expect agreement (for example: “the other party has previously opposed all continuances,” or “urgent need for new counsel”)
Requested Relief
You’ll need to specify what you want the Court to do:
Grant the Motion to Continue
Remove the currently scheduled hearing from the docket
Reschedule the hearing for a later date or per the Court’s next available calendar
Note any dates you are unavailable for rescheduling