How to Request a Continuance in North Dakota Small Claims Court

Sometimes the hearing date does not work. You might have a medical appointment, a work conflict, a witness who is out of town, or you simply need more time to gather evidence. North Dakota allows you to request a continuance to postpone your small claims hearing — but it is not guaranteed.

How to Request One

North Dakota Courts provides two optional continuance request forms depending on timing:

Less than 21 days to the hearing: Use the short-notice continuance form. Before filing, try to contact the other party about whether they agree or object, and state their position in your motion.

More than 21 days to the hearing: Use the standard continuance request form and follow its filing instructions.

If the hearing is exactly 21 days away, the less-than-21-day exception does not apply; follow the standard motion procedure. The forms are available from the Clerk of District Court or the North Dakota Courts website. The Legal Self Help Center labels them optional and says courts are not required to accept its forms. File the motion with the clerk and serve a copy on the other party.

Valid Reasons for a Continuance

Under N.D.R. Ct. 6.1(b), other continuances require a prompt motion and good cause. The rule does not list fixed qualifying reasons. Explain your specific circumstances; examples include:

• Medical emergency or serious illness — yours or a dependent's
• Unavoidable work conflict — a business trip or shift you cannot reschedule, not just "I don't want to take time off"
• A key witness is unavailable — they are out of state, ill, or have a conflicting obligation
• You need more time to gather evidence — a repair estimate is not ready, records have been requested but not received
• You just hired an attorney — they need time to review the case

These reasons do not guarantee a continuance; the court decides whether the facts show good cause:

• "I forgot about the hearing"
• "I need more time to think about whether to settle"
• "I haven't gotten around to preparing yet"
• Repeated requests without a new reason

Timing Matters

File the motion promptly as soon as you know the grounds for it. If the hearing is less than 21 days away, follow the short-notice instructions and contact the other party before filing.

If the hearing is days away, call the clerk's office for instructions on submitting the motion promptly. A phone call does not substitute for filing the motion.

What Happens If the Court Says No

If your continuance is denied, the hearing proceeds as scheduled. Failure to appear results in a default judgment against you — the same outcome as never responding in the first place. If you absolutely cannot attend and the continuance was denied, consider having a representative attend on your behalf (for business entities, N.D.R. Ct. 10.2(b) allows officers, owners, and directors to appear), or consult an attorney about other options.

What Happens If the Court Says Yes

The order granting the motion gives the new hearing date and time. Under N.D.R. Ct. 6.1(b), a continuance granted on motion must be to a future date consistent with district court docket currency standards, except for good cause shown.

Use the extra time productively. Gather the evidence you needed, prepare your testimony, and organize your documents. A continuance buys time, but it does not improve your case unless you use it.

The North Dakota small claims response guide includes a hearing preparation checklist and timeline tracker to help you make the most of whatever date the court sets.

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