How Do I Change a Court Date?

Either side in the small claims case may ask for the court to change the date for their hearing – if they have a very good reason. This is called asking for a “continuance,” or for an “extension” or a “postponement.”

Some reasons to postpone the hearing include:

The plaintiff was not able to serve the defendant on time;
The defendant asked that the hearing be heard in a different court;
A key witness cannot appear on the date set for the hearing.

To ask the court to postpone the hearing

A. At least 10 days before your hearing date:

Step 1. Get and fill out your court form:

Request to Postpone Small Claims Hearing (Form SC-110)

Step 2. File form SC-110 with the court clerk.

NOTE: You'll have to pay a $10 fee to ask for a continuance.

Step 3. Serve – by mail or in person -- a copy of your Form SC-110 to the other people named in the claim.

B. If the hearing is in less than 10 days:

Step 1. Go to your hearing and ask the judge for a continuance in person. Or, if you absolutely can’t make it to the hearing, take your completed Form SC-110 to the clerk's office. Ask them to attach it to your file.

In your Request to Postpone Small Claims Hearing (Form SC-110), give the judge a good reason why you are late in filing your request.

NOTE: You'll have to pay a $10 fee to ask for a continuance.

Step 2. Also, mail or personally give a copy of your Form SC-110 to the other parties named in the claim.

If the court decides to give you a continuance, it will mail a new date to you and the other parties in the case.

If the court decides NOT to give you a continuance, the case will be heard on the original hearing date. Both sides will be expected to be in court on that original date.

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