How to Write a Letter for Not Being Able to Attend Court

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.

There are 9 references cited in this article, which can be found at the bottom of the page.

This article has been fact-checked, ensuring the accuracy of any cited facts and confirming the authority of its sources.

This article has been viewed 306,427 times.

If you are in the middle of a criminal or civil lawsuit, you may have to attend a variety of hearings. Judges expect people to make scheduled hearings. If, for some reason, you cannot make the hearing or the trial, then you will need to contact the court to ask for a “continuance.” In some courts, you can make the request by writing a letter.

Write the judge a letter as soon as you know you're not able to attend court. Explain the reasons why you have to miss your court date, and provide any documentation for proof, like a note from your doctor or work supervisor. At the end of the letter, request a new court date.

Continuance Request Letter Template

Preparing to Write the Letter

• In traffic court, failure to appear could result in you receiving a fine, having your license being revoked, or possibly being arrested.

• As soon as you realize that you can’t make a court date, you should immediately call the court clerk to talk about your situation. Some courts have strict deadlines for granting continuances. For example, in California divorce cases, you need to request the continuance no later than five business days before the scheduled court date.

Get supporting documentation. If you can’t attend a court date, then you should try to document the reason why. For example, you might have suffered a debilitating injury or your supervisor wouldn’t let you off from work because of an emergency. If you can document the extenuating circumstances, then you will make yourself more sympathetic to the judge.

Call the other side. If you need to miss a court date, then you should also inform the other side in the lawsuit. In some courts, you need the other party’s consent to get a continuance. If you cannot secure it, then you will need to file a motion in the court to ask for a continuance.

• You can find a lawyer by calling your state’s bar association, which should run a referral program. You can find the phone number to your bar association by typing “your state” and “bar association” into a search engine.
• An attorney will charge to make an appearance. It could cost you a couple hundred dollars for even a brief appearance. However, if you miss the court appointment and the judge issues a bench warrant for your arrest or imposes some other sanction, then you might end up spending even more than that in legal fees to clean up the mess. An attorney can be a good investment.

Writing the Letter

• You should try to type the letter, as it looks more professional than a handwritten letter.

Add the judge’s name and address. Two lines down from the date, you should insert the judge’s name and his or her address at the court. If you do not know this information, then you should call the court clerk and ask for it.

• Instead of addressing the letter to the judge, you may have been instructed to send the letter to a clerk or another member of the court’s staff. You can address the letter to that person by using, “Dear Mr. [Name]” or “Dear Ms. [Name].”
• If you weren’t given a staff member’s name, then simply address the letter to “Dear Clerk of Court.”

• “I am writing to request a continuance for my hearing scheduled on October 12, 2015. Unfortunately, an unforeseen medical emergency has confined me to the hospital for the next several weeks. The diagnosis of extreme pneumonia surprised me, and I would not have missed my court date but for the illness.”

• Sample language could be: “I was admitted to the hospital on September 22, 2015, as is shown by the copy of my hospital records attached.”

Request a new court date. You should also request a new court date. Make sure it is a date that you are absolutely certain you can attend. Judges may forgive one missed court date, but two or more could land you in hot water.

• Sample language might be: “Thank you for your understanding. I appreciate how much of an inconvenience this is. If you have any questions, you can reach me at [insert phone number] or at the address printed above.”

Add your name. Two lines below the conclusion, type “Sincerely,” and space down four or five lines before typing your name. [4] X Research source Sign the letter in blue or black ink.

Filing a Motion for a Continuance

Understand motions. Unlike letters, motions are formal documents submitted to the court. Copies are sent to the other parties in your lawsuit, who might have an opportunity to respond. If the court does not accept letters, then you might have to file a formal motion to ask for your continuance.

• Maricopa County, Arizona, for example, has a blank motion form available for download at http://www.superiorcourt.maricopa.gov/sscdocs/pdf/gn10f.pdf. You should only use blank motion forms if they have been created by your court. Otherwise, you must create your own motion.

Draft your own motion. Open a blank word processing document and set a comfortable font and type size (e.g. Times New Roman 12 point). At the top of the page, insert the header information. The header information consists of the court’s name at the very top, the names of the parties on the left, and the case number on the right. You can find the header information from another motion or pleading filed earlier in your case.

Title the motion. Underneath the header information, you can insert the motion’s title in all caps, bold. You should title your motion “Motion for a Continuance.” If the court date is fewer than five business days away, then you should title the motion “Emergency Motion for a Continuance.” [5] X Research source

• Sample language could read, “NOW COMES Plaintiff Joanna Keys, representing herself “pro se,” and asks this Court for a continuance of the hearing scheduled for November 10, 2015 at 1:30 PM. In support of the motion, Plaintiff states:”

• List all relevant facts in numbered form. For example, the facts can be laid out like this:
  • “1. The status hearing is scheduled for November 10, 2015 at 1:30 PM.”
  • “2. Plaintiff Joanna Keys was recently admitted into the hospital on November 1, 2015.”
  • “3. According to her medical diagnosis (see attached Exhibit A), she has….”

  

  Conclude with a prayer for relief. In the final paragraph, ask the court for the continuance again. You could type, “WHEREFORE, Plaintiff Joanna Keys respectfully requests that the above-entitled action be removed from its present hearing date of November 10, 2015.”

  

  • Have the motion notarized, if necessary. Depending on your court, you may need to sign the motion in front of a notary. If you needed to notarize the other motions in your case, then you should have this one notarized as well.
  • Notaries may be found in most courthouses and large banks. To find a notary, you can visit the American Society of Notaries website and use their search engine.

  

  File the motion. Make several copies of the motion and take them all with you to the court clerk’s office. Tell the court clerk that you want to file the original. Have the clerk stamp the other copies as well. [6] X Research source

  

  • You should ask the court clerk if service is necessary. Also ask about acceptable methods of service.
  • If you need to make service, then attached a “Certificate of Service” to the motion. The certificate can be on a separate piece of paper. You can create it before going to the court to file. If you find out that you don’t need to make service, then you can remove that sheet from your packet.
  • For the certificate of service, you can type something like the following: “I hereby certify that a true and correct copy of the above and foregoing was served on all parties or their counsel of record on [add the date] in accordance with the [state] Rules of Civil Procedure.” Then type and sign your name above it.
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  Making a Phone Appearance

  

  • In California, a personal appearance is required for the following:
    • Trials, hearings, and proceedings at which witnesses are expected to testify;
    • Hearings on temporary restraining orders;
    • Settlement conferences;
    • Trial management conferences;
    • Hearings on motions in limine; and
    • Hearings on petitions to confirm the sale of property under the Probate Code. [8] X Research source

    

    • In California, the court form can be found online. The form will ask you for your personal information and information about the case you are a part of.> Most importantly, you will be asked to explain why you are requesting a telephone appearance. [9] X Research source Valid reasons include:
      • Not residing in California;
      • Being disabled;
      • Being the victim of domestic violence; or
      • Being incarcerated. [10] X Research source

      

      • In addition, once you file your request, you will be required to pay a filing fee. In California, the fee is $86.00 for each telephone appearance.
        • If you cannot afford the fee, you may be able to request a fee waiver. In general, you will have to be able to convince the court of your inability to pay the required fee. To do this, submit pay stubs, bank statements, and statements of public benefits.

        

        Notify the other party. Every party in your case must be served with your request in a timely manner so they may respond. [11] X Research source To serve the other party, you will need to have someone other than yourself personally deliver your request to the other party. You can also serve the other party through the mail. Once the other party has been served, you will file a proof of service with the court, which simply states you have notified everyone of your request. [12] X Research source

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        If you missed your court date without having had the chance to contact the court beforehand, then you should call the court clerk and ask what your next steps should be.

        If you are granted a continuance, then be sure to make all court dates in the future. Submit a Tip All tip submissions are carefully reviewed before being published Please provide your name and last initial Thanks for submitting a tip for review!

        

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        1. ↑http://www.masslegalhelp.org/consumer/debt/court/default
        2. ↑http://www.prisonerswithchildren.org/pubs/ipm/ltj.htm
        3. ↑http://www.prisonerswithchildren.org/pubs/ipm/ltj.htm
        4. ↑http://www.prisonerswithchildren.org/pubs/ipm/ltj.htm
        5. ↑http://definitions.uslegal.com/e/emergency-motion/
        6. ↑http://www.superiorcourt.maricopa.gov/sscdocs/pdf/gn10f.pdf
        7. ↑https://www.cob.uscourts.gov/mcnamara/files/telephonic_appearances.pdf
        8. ↑https://www.occourts.org/directory/local-rules/2022/rule_375.pdf
        9. ↑http://www.courts.ca.gov/documents/fl679info.pdf
        1. ↑http://www.courts.ca.gov/documents/fl679.pdf
        2. ↑http://www.courts.ca.gov/documents/fl679info.pdf
        3. ↑http://www.courts.ca.gov/documents/fl679.pdf

        About This Article

        Co-authored by:

        This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 306,427 times.

        2 votes - 50% Co-authors: 7 Updated: August 9, 2024 Views: 306,427 Categories: Writing Letters to Officials | Court Practice and Procedure

        To write a letter if you can’t attend court, start by including your contact information and date at the top of the page, followed by the name and address of the judge. Open your letter with “Dear Judge (Name),” then briefly explain the circumstances that are causing you to miss court. Also, mention any documentation you are including, such as medical records. Request a new court date that you are sure you can attend and conclude the letter by thanking the judge for understanding. Finally, sign your name and submit the letter the proper address. For tips from our Legal reviewer on requesting a continuance, keep reading.

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