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Request for Continuance

Updated on Mon Sep 26 2022 |

How to reschedule your small claims hearing date in Minnesota?

  1. Create a written request (see template on left) When filing a continuance, make sure to notify the court of the

    1. Case name
    2. Case number
    3. Court Division
    4. Reason for the continuance
    5. Assigned hearing date
    6. Proposed hearing date
    7. Method of defendant service (fax, email, hand delivery, mail)

    Remember to sign your request.

  2. Notify the defendant of your intent to postpone the trial

    You have to notify the defendant via a process server. You can either hire one or ask someone who is not a party in the case. They will need to sign an official proof of service.

  3. File forms to court

    Once the defendant is notified, write the date of service on letter. Then, file your Proof of Service and Request for Motion to Continue to court.

    When filing your form, you have a few options. You could file in-person at the courthouse. Or your can e-file or mail your forms. Make sure you get a copy that is stamped with the date of filing. This is also called the conformed copy.

  4. Obtain court approval

    If the court has not returned the conformed copy after you’ve filed, you should make sure they have received it. You can do so by calling the court. Have your case number and the date you filed on hand. Tell the court that you filed a Motion to Continue for your small claim and you want to check the processing status.

If the court has not accepted your Motion to Continue, you should prepare to go to trial on your original hearing date.

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