The court should only grant continuances upon a showing of good cause unless both parties voluntarily agree to the continuance.
Commentary
A court’s case management policies should permit continuances that are agreed to by both parties provided that the parties request the continuance sufficiently in advance of the scheduled trial date. Inasmuch as small claims trials are scheduled within a short time period (eight weeks or less) from the date of the filing of a claim, parties often need additional time either to reach out-of-court settlements or to accommodate their work or personal schedules. The parties should not be required to appear in person in order to obtain a mutually agreed upon continuance.
Continuances that are requested by only one party should be granted for good cause only. The court must determine each case on an individual basis. The court should routinely grant motions for continuances that are filed well in advance of the date of trial unless there is prejudice to the other party. The court should allow requests for continuances that are filed close to the date of trial only in exceptional circumstances. Uniform Small Claims Rule 3, as recently amended, provides for two such circumstances: when a plaintiff is prejudiced by the circumstances of (1) a defendant's answer or (2) a defendant's counterclaim. In all cases, the court should give speedy notice to the other side of an allowance of a continuance, by telephone if the trial date is near, in order to minimize inconvenience to the other party.
On the date of the trial, when only a judge is available to hear the case, the court should grant a continuance to a defendant who declines to elect to waive the right to appeal for a subsequent trial by a judge or before a jury. The new trial date should be one when the court expects a clerk-magistrate to be available to hear the case. See Standard 2:03.