If you are unable to make a deadline...

PLEASE NOTE THAT THIS PROCESS IS ONLY RELATIVE TO DIVISION OF ADMINISTRATIVE LAW APPEALS CASES.  FOR ALL OTHER CASES, PLEASE CONTACT THE COURT HEARING YOUR CASE.

801 CMR has deadlines for various stages of the case.  The magistrate might set additional deadlines for your specific case.  If you cannot meet a deadline or a date on which you have to make an appearance, you must ask for a postponement, which is called a “continuance,” with a motion.  If you miss a deadline, your case can be dismissed.

DALA continuances will be granted only for good cause. To request a continuance regarding your DALA case, you (the party seeking the continuance or "the moving party") should submit a written request (a "motion") at least seven (7) days before the event. You can send your request by mail, fax, or e-mail.

Your request should:

• Include the reason why (good cause) you need to postpone and how long you have known the good cause.  See 801 CMR 1.01(7)(d);
• State whether the other party or parties assent to the motion (agree to the request);
• Confer with the other party or parties and propose alternative dates four to eight weeks after the original date

Emergency motions to continue may be submitted less than seven (7) days in advance. Such a motion should be entitled "Emergency Motion to Continue" and should explain in detail (1) why the motion could not have been filed sooner; (2) which, if any, other parties are opposed to the request; and (3) if you do not know another party's position, what steps you have taken to contact that party and determine his/her/its position.

Do not call DALA’s administrative staff to check on the status of the motion during the first 24 hours after filing it or before the opposing party/parties have had seven days to respond if they have not previously assented.  Also, please do not call DALA’s administrative staff more than once in a day to check on the status of the motion.