A court date can be rescheduled by one of the involved parties by filing a Motion to Continue, also known as a continuance, as stated by Illinois Legal Aid. This motion must be filed in person in a court of law in order to be valid. Filing a continuance does not automatically mean the original date is moved, as judges have full discretion on whether to grant a continuance.
There are several valid reasons to file a continuance, Illinois Legal Aid notes. A common reason is that a person is not able to make it to the court on a particular day. One example of an absentee reason is that a person is going to be out of town that day and cannot postpone or reschedule the trip. Legal postponements may be based upon the need to locate a key witness in the case or if a person requires more time to secure legal representation.
Illinois Legal Aid also stresses that a motion should be filed as soon as the party knows there is a conflict with an impending court date. Judges are not fans of last-minute court date changes, Illinois Legal Aid cautions. A regular Motion to Continue can be filed if the court date is more than seven days away. A person should call the judge's court clerk for advice on what to do when the court date is seven days away or less.