Vermont Small Claims Continuance: How to Postpone a Hearing

Your hearing date is set, but something has come up — a medical appointment, a work conflict, a family emergency. Vermont small claims courts allow continuances, but you cannot just skip the hearing and explain later. You need to file a written motion before the hearing date, and the judge needs to grant it.

How to Request a Continuance

File a Stipulation/Motion for Continuance (Form 600-00418) with the Civil Division clerk as soon as you know you need a postponement. The form asks you to state the specific good cause for the request.

"I'm not ready" is weak cause. Stronger reasons include:

• A scheduled surgery or hospitalization
• A death in the immediate family
• A subpoenaed witness who is unavailable on the hearing date
• A conflict with another court appearance
• Newly discovered evidence that requires time to gather

File the motion as early as possible — courts are more receptive to requests made weeks in advance than the day before the hearing.

What Happens to the Original Hearing Date

Your hearing date stays on the calendar until the judge formally grants the continuance in a written order. If you file the motion but the judge has not ruled by the original hearing date, you must still appear. Failing to show up results in a default judgment against you as the defendant.

Do not rely on the plaintiff agreeing to postpone. Even if both parties want to continue, the court needs a filed stipulation or motion and a judge's order before the date moves.

Can You Get a Continuance on the Answer Deadline?

Yes, but the process is the same. If you need more than 30 days to file your Answer, file Form 600-00418 (or a written motion for extension) before the 30-day deadline expires. State the reason, and the clock keeps running until the judge formally grants extra time.

Calling the clerk, emailing the plaintiff, or assuming good faith negotiations will buy you time does none of it. The 30-day deadline keeps running until the judge formally grants an extension in a written order.

What If You Just Cannot Attend?

If you are a defendant and fail to appear at a scheduled hearing without a granted continuance, the court enters a default judgment against you. That means the plaintiff wins the full amount claimed, plus costs and 12% annual interest — no hearing, no defense.

If something happens at the last minute, file the motion as soon as possible and contact the court clerk immediately to report the issue. A call alone does not change the scheduled hearing date.

For a complete walkthrough of every procedural step from service through the hearing, the Responding to a Small Claims Case in Vermont guide covers continuances alongside deadline management and hearing preparation.

See more Vermont guides →