Missed Court? Here’s How to Reschedule Your Hearing

It is important to keep track of scheduled court dates to the best of your ability.  Should you miss a court date, you should first contact the clerk of court immediately to explain your absence and immediately request your hearing be rescheduled or offer to appear immediately.

Depending on your court, the type of charge or matter, and the circumstances, you may be able to make a court appearance via telephone or by video call.  

First and foremost, it is critical to be proactive and demonstrate your intention to resolve the issue of your absence, even if your absence was unintentional. It is important to know that your failure to contact the court can lead to serious consequences (such as arrest warrants, additional charges, and further legal complications). 

Depending on the type of charge and criminal hearing, a criminal defense attorney may be able to appear on your behalf.  If you have legal counsel, your attorney should advise you on which types of hearings you will need to attend in person and when your presence is not required, and the attorney can appear on your behalf. 

If you suspect that you will miss a hearing or know that you will not be able to attend a hearing, you must take appropriate action to attempt to reschedule your hearing as soon as possible. Below is a step-by-step process for requesting that your hearing date be moved to another date and time.  

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Step One: Contact the Other Party

Generally, you must attempt to communicate with the opposing party to reach an agreement to reschedule the hearing before filing any motion to reschedule your hearing.  

Step Two: Contact the Court

If you are unsure about the process for requesting your hearing be rescheduled, reach out to the clerk's office of the court in which you are required to appear to ask about any specific procedures for requesting a continuance.  

Step Three: File a Motion For Continuance

Generally, you must formally motion to the court requesting that the hearing be moved to another date.  This can include a motion for a continuance or a specific form provided by the court, depending on whether your jurisdiction provides online forms and the type of legal matter. When filing a Motion for Continuance, you must clearly state the reason you need to reschedule your hearing, such as a scheduling conflict, illness, family emergency, inability to physically appear at the hearing, or other unforeseen circumstances.  

Step Four: Submit the Motion

Once you have confirmed your local court's process for filing a Motion for Continuance, follow your court's instructions for submitting the Motion, which may involve filing it with the clerk's office and/or serving the Motoin on the other party.  

Attend a Hearing (If Applicable/Necessary)

In some cases, you may be required to attend a hearing where the court will decide whether to grant your Motion for Continuance to move your hearing to another date.