How to Get a Continuance in Delaware Small Claims Court

Continuance vs. Extension: Two Different Things

In Delaware JP Court, a continuance postpones a scheduled hearing to a later date. An extension of time pushes back the deadline to file a document (like your Answer). They're governed by different rules and require separate requests.

If your hearing is coming up and you need more time, you're asking for a continuance. If the 15-day deadline to file your Answer hasn't passed yet and you need more time to prepare it, you're asking for an extension.

How to Request a Trial Continuance

Continuances in the Justice of the Peace Court are governed by Policy Directive 050. The process:

1. Submit a written request to the court as early as possible. Don't wait until the day before the hearing.
2. State your reason — the court requires good cause. Acceptable reasons include medical emergencies, previously scheduled obligations that can't be moved, the need to secure a key witness, or pending legal aid consultations.
3. Serve a copy on the opposing party — the plaintiff (or their attorney) must receive your continuance request.
4. Wait for the magistrate's decision — a continuance is not automatic. The magistrate reviews the request and either grants or denies it.

The court generally won't grant a continuance for vague reasons like "I need more time to prepare" without specifics. Multiple continuance requests in the same case face increasing skepticism.

Good Cause Examples

The court's request form asks you to state the specific reason. It says written proof may be needed for work, medical, or other appointment conflicts. The court may deny requests that give a vague reason, are untimely, or would prejudice the other party. Repetitive requests and requests received less than 48 hours before trial will most likely be denied.

What Happens If You Don't Show Up

If you fail to appear at a scheduled hearing without a granted continuance, the court can enter a default judgment against you. The default establishes liability, while the amount of damages may still need to be verified.

Don't assume a pending continuance request means you don't have to appear. If you haven't received a written order granting the continuance, show up.

Requesting an Extension to File Your Answer

If you need more time to file your Answer (Civil Form 07 / CF07), submit a written application to the court before the 15-day deadline expires. Your application must explain why you need additional time.

The key word is "before." Once the deadline passes without a filed Answer or a granted extension, you're exposed to a default judgment.

Informal steps — calling the court, emailing the plaintiff, contacting a legal aid office — do not stop or extend the 15-day clock. Only a written judicial order does.

Plan Ahead

The simplest way to avoid needing a continuance: start preparing the day you're served. File your Answer early, begin gathering evidence immediately, and request witness subpoenas ($10 each) at least 10–14 days before your hearing date.

Our Delaware Small Claims Response Guide includes a day-by-day timeline from service through trial so you can stay ahead of every deadline.

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