How to Request a Continuance in South Carolina Small Claims Court

Your hearing date is set, but something has come up — a medical issue, a work conflict, a witness who cannot attend, or you simply were not served early enough to prepare. South Carolina Magistrate Courts can grant continuances, but they are not automatic. You need to ask, and you need a reason the court considers valid.

What a Continuance Is

A continuance is a postponement of the hearing to a later date. It does not dismiss the case or change any rulings — it simply moves the hearing. Both plaintiffs and defendants can request one.

Valid Grounds

Magistrates have discretion to grant or deny continuances. Grounds that courts commonly accept include:

• Medical emergency or illness — you or a key witness cannot physically attend (documentation helps)
• Military deployment or service obligation — the Servicemembers Civil Relief Act provides additional protections for active-duty military
• Scheduling conflict with another court proceeding — a conflict with a hearing in another court on the same date
• Insufficient time to prepare — you were served late in the 30-day window and the hearing was set before you had reasonable time to gather evidence or locate witnesses
• Unavailability of a key witness — a witness essential to your case cannot attend on the scheduled date, and you can show they will be available on a later date
• Both parties agree — if both sides consent to a new date, courts typically grant it

Grounds that usually fail:

• General inconvenience or preference for a different date
• Wanting more time to "think about" the case without a specific preparation need
• Forgetting the hearing date
• Work schedule conflicts that could have been addressed earlier (requesting time off, shift swaps)

How to Request a Continuance

Request a continuance for good cause as early as possible — ideally as soon as you know you need one. Rule 14 requires the court's specific approval. Explain:

1. The case number and hearing date
2. The specific reason you are requesting the continuance
3. Whether you have contacted the other party and whether they consent or object
4. Proposed alternative dates if you have them

If you file a written motion, deliver a copy to the other party as provided by SCMCR Rule 8: by hand or mail to the party's last known address. If the party has an attorney, delivery goes to the attorney. Delivery by mail is complete upon mailing.

Request it before trial when possible. Filing a request does not excuse you from attending; if the magistrate denies it, you must proceed as scheduled.

Timing Matters

The earlier you file, the better your chances. A continuance request filed two weeks before the hearing signals good faith and gives the court time to reschedule. A request filed the morning of the hearing suggests you are unprepared or trying to delay.

If the reason is genuinely last-minute (a medical emergency the night before), call the clerk's office first thing in the morning and explain the situation. Follow up with a written motion as soon as possible.

What Happens If Denied

If the magistrate denies your continuance request, the hearing proceeds as scheduled. You must attend and present whatever case you have, or risk a default judgment (if you are the defendant) or dismissal (if you are the plaintiff).

A denial of a continuance is reviewable on appeal, but only if the denial was an abuse of discretion — meaning no reasonable magistrate would have denied it under the circumstances. This is a high bar.

Can the Other Side Request a Continuance?

Yes. The plaintiff can request a continuance too, and the same standards apply. If the other side requests a continuance and you object, you can file a written opposition explaining why the delay would prejudice your case — witnesses who may become unavailable, evidence that may be lost, or financial harm from the delay.

Limits on Continuances

Except in unusual circumstances, SCMCR Rule 14 allows no party more than one continuance in a case. Every continuance requires the court's specific approval and good cause.

The Responding to a Small Claims Case in South Carolina guide covers hearing preparation timelines, including how to identify early whether you need a continuance and how to use the time between filing your Answer and the hearing date to get your evidence and witnesses organized.

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