How to Request a Continuance in Arkansas Small Claims Court

Only the Judge Can Change Your Court Date

If you can't make your small claims hearing, a continuance is the only way to get a new date. This is a written motion filed with the District Court Clerk asking the judge to reschedule. The plaintiff agreeing to a different date, the clerk telling you the court is busy, or the plaintiff saying "we can push it back" — none of that matters without the judge's signed order.

Until that order exists, the original hearing date is locked. Miss it without a granted continuance and the judge can enter a default judgment against you.

When to File

File as early as possible. Little Rock District Court, for example, requires written continuance requests at least one week before the trial date and limits each party to one continuance per case. Other Arkansas district courts have their own local rules, but the principle is the same: earlier is better, and courts are less sympathetic to last-minute requests.

If an emergency comes up the day of the hearing — a medical crisis, a car accident — call the clerk's office immediately and follow up with a written motion the same day. Bring documentation of the emergency (hospital discharge papers, a police report) when you can.

What to Include in the Motion

Your written motion for continuance should cover:

• The case caption — court name, county, case number, both party names
• The current hearing date you're asking to reschedule
• Your reason — medical emergency, pre-existing travel, a scheduling conflict with another court proceeding, the need to obtain essential evidence or witnesses. "I need more time to prepare" is weaker than "my key witness is out of state until the 15th."
• A proposed new date range — suggest specific dates you're available
• A Certificate of Service confirming you mailed a copy to the plaintiff

File the original with the clerk and mail a copy to the plaintiff.

What the Judge Considers

The judge decides whether to grant the request, and local rules may limit continuances. Do not assume a first or later request will be granted.

The judge doesn't have to explain a denial. If your motion is denied, you must appear on the original date.

Your Answer Deadline Doesn't Change

A continuance moves the hearing date. It does not extend the 30-day deadline (60 days if you are incarcerated) to file your written answer. If your answer isn't filed yet, file it immediately — the hearing is a separate obligation from the written response.

Both requirements run independently: file the answer within 30 days of service (60 days if you are incarcerated), appear in court on the hearing date. A continuance only affects the second one.

For the full process — from filing the answer to preparing for the rescheduled hearing — the Arkansas Small Claims Response Guide covers each deadline and document requirement.

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