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Request for Continuance

Updated on Fri Sep 23 2022 |

Getting a court date in North Carolina

Usually, courts assign a court date within 30 days of the filing date. If it is an eviction case, the new date is within 10-15 days. The clerk of the court will schedule the date, and you can find it on your summons form.

The summons needs to be served to the defendant. If you are unable to serve the defendant in time, you may want to file a continuance. If it is accepted, you will have more time to complete service of process.

If you are unable to make the court date, you can file a continuance.

How to reschedule your small claims court date in North Carolina?

  1. Create a written request (see template above) 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)
    8. Remember to sign the request
  2. Notify the defendant of your intent to postpone the trial You have a few ways you can notify the defendant. Whether you choose via fax, mail, email, or hand delivery, it is a good idea to document that the defendant received the notice. Keep track of what day you notified the defendant, as they must be notified before you file the Motion to Continue.

  3. File forms to court

    Once the defendant is notified, write the date of service on your Motion to Continue. Now that the form is complete, you can file.

    When filing your form, you have a few options. You could file in-person at the courthouse. Or your can e-file or mail in 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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