A motion for continuance asks the Family Court of the State of Delaware to postpone a proceeding you cannot attend. Delaware Courts publishes it as the Motion for Continuance form, a packet with the motion itself, a Notice of Motion and a proposed Order for the judge or commissioner. It is used by the Petitioner or Respondent (the Movant) in New Castle, Kent or Sussex County. On FillingPDF you can fill out the form online and download or print the completed PDF; the official form is published by Delaware Courts at courts.delaware.gov.
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What is Motion for Continuance – Delaware?
Motion for Continuance is the Delaware Family Court form a party uses to ask the Court to postpone a scheduled proceeding, stating under oath why the party cannot attend, the other side's position, and how many times the hearing has been scheduled before.
The form is issued by the Family Court of the State of Delaware, which hears cases "In and For" New Castle County, Kent County and Sussex County. The person asking is called the Movant, and the case caption identifies the Petitioner, the Respondent, the File Number and the Petition Number.
The PDF has three parts:
- The motion. It states the proceeding involved, the date and time of the hearing you cannot attend, the reason, the position of the opposing counsel or party, and the number of earlier schedulings. It ends with a sworn block for the Movant or attorney and a Clerk of Court or Notary Public, and with a certificate that a copy was mailed to the other side.
- The Notice of Motion. It tells the other side that the attached motion is presented to the Court and that a written response is due within ten (10) days of service.
- The Order. It is left for the Judge or Commissioner, who rules on the request and lists who receives copies.
Who needs to file Motion for Continuance – Delaware?
The Movant, meaning the Petitioner or the Respondent in a Family Court case, uses this form when that party cannot attend a court proceeding that has been scheduled. An attorney may sign for the Movant: the signature lines read "Movant/Attorney", and the caption has a space for each side's attorney.
The form is built for the Family Court of the State of Delaware in New Castle, Kent or Sussex County. It is not a form for other Delaware courts, which publish their own forms.
You need extra material if your reason is a conflict with another case in this or any other Court. In that case the form tells you to attach a copy of that notice and, under Civil Rule 40, to give five items of information: why the conflict cannot be resolved, the relative importance of the cases, the relative inconvenience to the parties, witnesses and other persons if a continuance is granted, the dates each court scheduled the case and whether the court that created the conflict knew of it, and anything else that helps the judicial officer decide which matter takes precedence.
When to file Motion for Continuance – Delaware
The triggering event is a scheduled court proceeding that you cannot attend. The form sets no deadline for the motion itself; it asks for the date and time of the proceeding you are asking to continue, so it is prepared once you know you have a conflict.
Timing matters for the other side. The Notice of Motion states that anyone opposed must file a written response with the Court within ten (10) days of service of the motion, and that if no response is timely filed, the motion may be decided without further opportunity to be heard (Family Court Rules, Rule 7(b)(2)). The form also asks how many times the case has already been scheduled for a hearing, so earlier postponements are part of what the Court considers.
Documents you need
- Documentation supporting the reason you cannot attend the scheduled proceeding: the form says in bold that documentation must be attached to item 1.
- A copy of the notice of the conflicting case, only if your reason is a conflict with another case in this or any other Court.
- Written Civil Rule 40 information, only for a case conflict: why the conflict cannot be resolved, the relative importance of the cases, the relative inconvenience to the parties, witnesses and others, the dates each court scheduled the case, and other helpful information.
- A copy of the motion, sent first class by U.S. Mail to the other party or attorney at the address listed on the petition, with the certificate of mailing completed.
How to fill out Motion for Continuance – Delaware
Select the county and party role
At the top, note the Family Court county (New Castle, Kent or Sussex) and mark whether you are the Petitioner or the Respondent.
Enter both parties' details
Under Petitioner and Respondent enter each Name, File Number, Petition Number, Street Address (include Apt), P.O. Box Number, City/State/Zip Code and Date of Birth, plus each Attorney Name if represented.
Describe the proceeding
Complete "A PROCEEDING involving" with the matter, then the date it was filed in this Court. This opens the statement that the Movant moves for a Continuance.
Complete item 1, your conflict
Enter the date and time of the Court Proceeding you cannot attend and the reason after "due to:". Attach the required documentation.
Record the other side's position
In item 2, state that you contacted the opposing counsel or the opposing party if unrepresented, and write his or her position on the continuance.
Enter prior hearing count
In item 3, write how many times this case has been scheduled for a hearing before.
Add Civil Rule 40 information
If your reason is a conflict with another case, attach a copy of that notice and provide the five items listed under Civil Rule 40.
Sign the sworn blocks
Sign as Movant/Attorney on the motion and the mailing certificate, with the date of mailing, where the Clerk of Court or Notary Public completes the sworn lines.
Complete the Notice of Motion
Enter the caption, the name of the person or attorney in the TO line, the type of motion, the Dated line, your signature and your name and full address.
Review, download and assemble
Check names, numbers, dates and attachments, leave the Order for the Judge/Commissioner, then download or print the completed PDF from FillingPDF and send it as described under How to submit.
How to submit Motion for Continuance – Delaware
The form names one delivery step: mailing a copy to the other side. It prints no court address, portal or in-person rule for filing the motion with the Family Court.
- Copy to the other party. The Movant affirms on the form that a true and correct copy of the motion was placed in the U.S. Mail on the date written, and sent to the other party or attorney at the address listed on the petition, first class postage pre-paid.
- Sworn block. The motion carries "SWORN TO AND SUBSCRIBED before me this date" lines for the Movant/Attorney and a Clerk of Court or Notary Public. The certificate of mailing has its own sworn block.
- Attachments. Include the documentation supporting your reason and, for a conflict with another case, a copy of that notice.
- Filing with the Court. Ask the Family Court clerk's office in your county how it accepts filings; the form does not say.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Filing the motion without the documentation that item 1 says must be attached to support your reason for missing the proceeding.
- Citing a conflict with another case without attaching a copy of that notice and giving the five Civil Rule 40 items of information.
- Leaving item 2 blank instead of stating the position of the opposing counsel or unrepresented party after you contacted them.
- Not entering how many times the case has been scheduled for a hearing in item 3.
- Sending the copy to an address other than the one listed on the petition, or without first class postage pre-paid.
- Leaving the "SWORN TO AND SUBSCRIBED before me" blocks without a Clerk of Court or Notary Public, in the motion or the certificate of mailing.
- Signing the Notice of Motion or leaving it undated, or not naming the matter on the line after "the attached Motion for".
- Filling in the Order section meant for the Judge or Commissioner, instead of leaving it for the Court.
Frequently asked questions
What is a motion for continuance in Delaware Family Court?
A motion for continuance is a written request asking the Family Court to postpone a scheduled proceeding. On this Delaware form, the Movant states the date and reason they cannot attend, the other side's position and how many times the hearing was scheduled before.
Do I have to attach proof to a motion for continuance?
Yes. The form states in bold that documentation must be attached to support your reason for not attending. If the reason is a conflict with another case, also attach a copy of that case's notice and give the Civil Rule 40 information.
What is Civil Rule 40 on the continuance form?
Civil Rule 40 requires extra information when you have a conflict with another case: why it cannot be resolved, the relative importance of the cases, the inconvenience to parties and witnesses, the dates each court scheduled it, and anything else helpful.
Do I need to contact the other party before filing?
Yes, item 2 says you have contacted the opposing counsel, or the opposing party if unrepresented, and asks you to write their position on the continuance. Do this before you complete the form.
How long does the other side have to respond?
Ten (10) days from service of the motion. The Notice of Motion says an opposed party must file a written response within that time, or the motion may be decided without further opportunity to be heard (Family Court Rules, Rule 7(b)(2)).
How do I send the motion to the other party?
Mail a copy first class, postage pre-paid, to the other party or attorney at the address listed on the petition. The certificate on the form has you affirm that a true and correct copy was placed in the U.S. Mail on the stated date.
Who signs the Motion for Continuance?
The Movant or the Movant's attorney signs on the lines marked Movant/Attorney. The sworn blocks also have a line for a Clerk of Court or Notary Public. The Judge or Commissioner signs only the Order.
Can I fill out the Motion for Continuance online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the motion with the Family Court; you deliver it through the channels the Court uses.
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