Small Claims Court Motion For Continuance

by Stephanie from Orlando, Florida, Orange County

How to file for a continuance / date change?

I understand it's a Motion?

What steps do I need to do?

Answer to Small Claims Court Question

Dear Stephanie,

What you need to do is to file what is called a Motion for Continuance.

It includes the heading for the circuit and county; names of the Plaintiff and Defendant; case number; the title is "Motion for Continuance".

Then request a continuance and give the reasons for your request.

File it with the clerk of court, and send a copy of the motion you file to the other party.

Below is a sample of the format for a common Motion for Continuance:

Sample Motion For Continuance


County Civil .

Case No.:_________________





COMES NOW the ___________________ and moves this Honorable Court to:




The reason for this request is:



I HEREBY CERTIFY that a copy hereof has been furnished by _______ mailed; ______faxed and mailed; ______ hand delivered; to the persons listed below on _________ day of __________ 20 ____.

Other Party:________________________



City State Zip:______________________

Telephone No.______________________

Dated: _________________


Your Signature
Printed Name: _____________________

Address: _____________________

City State Zip: _____________________

Telephone No.: _____________________

                                    End Sample Motion Form

Just copy and paste the above into your word processor or text editor, format it to your liking and fill in the blanks.

Be sure to provide the required 1 inch margins on all sides before printing. The clerk may reject your form if the margins are not correct.

If you prefer, US Legal publishes this professionally prepared Motion for Continuance and Notice of Motion forms packet.

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Reader Comments

Motion for Date Change Small Claims
by: Anonymous from Orlando, Florida, Orange County

How to file a motion for a date change on a small claims court date. Small claims case - venue got changed to Brevard Co from Orange.

Case was dismissed in error -now that I got it cleared up and they sent me a date for Brevard. I am going to be out of state working on that date. What form, back up, etc do I need to request a date change?

--Contact the clerk of court in Brevard County and explain your situation. Small claims rules vary by county and you may or may not need to file a formal motion to reschedule a hearing.

It might be easiest to coordinate a hearing date or possible dates with the other party, if possible, then contact the clerk of court to request a new court date. Check the Brevard County Clerk of the Court's website for their published small claims forms. --Staff

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Answer provided by Kenneth Diaz, (800) 868-3010, © 2015

Kenneth has been a Florida Legal Document Preparer since 1998. Currently, he publishes and writes content for legal websites and does freelance paralegal work through referrals only.


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Page last updated 02/07/2015
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