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Filing a Verified Motion for Continuance of Court Hearing

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These instructions and forms are a product of the Nebraska Supreme Court’s Implementation Committee on Pro Se Litigation and are provided as a public service to people who wish to handle their own court case(s).

THE SUPREME COURT DOES NOT GUARANTEE THAT THESE INSTRUCTIONS AND FORMS WILL BE APPROPRIATE IN EVERY CASE.   IF YOU HAVE QUESTIONS ABOUT THE USE OF THE INSTRUCTIONS AND FORMS, ASK A LAWYER.                   

Although these instructions and forms were developed to assist people who are handling their own cases, the Supreme Court’s Implementation Committee on Pro Se Litigation urges anyone thinking of handling their own case to consider getting a lawyer to help with their case.

Many courts have specific local rules that may apply in your case.  Check with the Clerk of the Court where the case was filed.  If you fail to follow the local rules, it may affect your ability to obtain the desired outcome from your court case.

Introduction

This procedure is used when you cannot appear in court for your assigned date and time.  There could be any number of reasons, but they have to be appropriate and provable.  For example: final exams in college during that particular week, medical exams that cannot be postponed, etc.  This packet of forms and instructions is intended to assist you in making a request to move your court hearing to a different day rather than the one that had been assigned

Facts about Filing a Verified Motion for Continuance in Nebraska

  • If you file a Verified Motion for Continuance without the assistance of an attorney, you must complete the form correctly. The court cannot assist you in preparing any legal documents or advise you of the process.
  • You must have good reason or be able to show cause.
  • You will need a copy of the order for hearing that you wish to move/delay.

Forms and Filing

Forms

Complete list of forms and instructions.

Filing the Form

Make copies of the completed Verified Motion for Continuance & Notice of Hearing (DC 1:2) form.  Please refer to the Instructions (DC1:2(a)) for details on how to fill out the Verified Motion for Continuance and Notice of Hearing form.

  • Copy Page 1 of the completed Motion for Continuance (without the Certificate of Service.)
  • Mail a copy to the person that you will list on the Certificate of Service.
    • Mail by First Class postage
    • You may wish to request a CONFIRMATION/RETURN RECEIPT.  There is a slight charge for this, but it will require the other party’s signature and will be proof that they received it.
  • If there is more than one person listed, you will send a copy to each of them as well.
  • Complete the Certificate of Service and sign that you have sent copies to the people listed.
  • Make copies of the documents for yourself.

Complete the Order for Continuance (DC 1:2(2)) form.  Please refer to the Instructions (DC 1:2(2a))for details on how to fill out the Order for Continuance form.

Deliver the original, signed Motion for Continuance form along with the Order for Continuance form to the Clerk of the Court where the original case was filed.

Keep copies of all paperwork for yourself.

After the Order is Signed

Courts generally will give or send copies of the court order with the new court date to you and the others involved in the case and/or their attorneys; however, some courts may require you to notify the other people involved in the case.  Ask the Clerk of the Court for the procedure in your court.

This page was last modified on Tuesday, July 16, 2013