How to Request a Continuance in NC Small Claims Court

When a Continuance Is Mandatory

For an ordinary money claim, the magistrate has no discretion in one specific situation — they must grant a continuance:

If trial is set fewer than 5 days after service, the notice period under N.C.G.S. § 7A-214 wasn't met. When counting those days, exclude intermediate Saturdays, Sundays, and legal holidays for periods under 7 days (Rule 6(a)). The day of service is excluded; the hearing date is included. Summary ejectment follows separate service and continuance rules: if telephone service is not attempted or does not result in service, § 42-29 requires the officer to visit the tenant's place of abode within 5 days after summons issuance and at least 2 days before the required appearance, excluding legal holidays. Section 7A-214's mandatory five-day continuance does not apply to summary ejectment; under § 7A-223(b), the magistrate decides a continuance request under Rule 40(b).

For a money claim, raise the short notice period at the very start of the hearing. If the required sheriff visit occurred fewer than 2 days before your appearance in a summary-ejectment case, raise the timing issue promptly and request a continuance; bring your service paperwork showing the date you were served and the scheduled hearing date.

When a Continuance Is Discretionary

If proper notice was provided, getting a postponement requires showing good cause or getting the other party's agreement. Common grounds that magistrates consider:

• Medical emergency on or near the hearing date (bring documentation)
• Documented family emergency — death, hospitalization of an immediate family member
• Military deployment or active-duty service obligations (bring orders or other documentation)
• A previously scheduled, immovable obligation — surgery, out-of-state work travel with documentation

What generally doesn't work: "I need more time to prepare," scheduling conflicts you created after receiving the summons, or claiming you're waiting for an attorney when you haven't retained one.

A Phone Call Doesn't Postpone Anything

Calling the Clerk's office to ask for a postponement is not a formal continuance request. Neither is an unconfirmed agreement between the parties, a pending written motion that hasn't been ruled on, or a voicemail left for the plaintiff's attorney.

If you don't have a written continuance order signed by the magistrate, your hearing is still happening. Fail to appear and you risk judgment against you.

The Eviction Cap

For summary ejectment (eviction) cases, N.C.G.S. § 7A-223(b) limits how long a magistrate can postpone: no more than 5 days or until the next small claims court session, whichever is longer, without both parties' consent. This keeps eviction timelines from stretching indefinitely.

How to Make the Request

For the mandatory continuance (insufficient service notice), raise it orally at the start of the hearing with your service documents in hand.

For a discretionary continuance, your best approach:

1. Contact the Clerk's office as early as possible to learn your county's procedure for filing a written motion
2. File a written motion for continuance explaining your grounds
3. Serve a copy on the opposing party
4. Bring supporting documentation to the hearing in case the magistrate wants to rule on it that day

Some counties handle this entirely in writing before the hearing date; others require you to appear and make the request in person. Procedures vary by judicial district.

Plan for the Hearing Either Way

A continuance buys time — it doesn't change the underlying case. Use any additional time to organize evidence and prepare your testimony.

The NC Small Claims Response Guide includes deadline calculators and a Summons Verification Worksheet that helps you check whether the 5-day notice requirement was met — a mandatory continuance you might be entitled to without knowing it.

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