Trial Continuance Policy Civil Division

Effective January 27, 2026 the Clark County Superior Court Family Law Division has adopted a Trial Continuance Policy. The policy can be viewed as a PDF here: Civil Division Trial Continuance Policy

1. Purpose and Policy

The Court is committed to providing justice without unnecessary delay and without undue waste of the resources of the Court, litigants, and other case participants. Trial dates are firm. Continuances are strongly disfavored because they undermine the credibility of the trial calendar and delay the timely resolution of cases.

No trial date will be stricken or continued except by written order of the Court.

2. Requirements for All Trial Continuance Requests

All requests to continue a scheduled civil trial must comply with LCR 40(c)(7) or LCR 40(b)(6). Each request must:

  1. Be made by written motion supported by affidavit(s) or declaration(s) that clearly state, with particularity, each basis for the request;
  2. Be noted for hearing in full compliance with all Local Rule noticing requirements;
  3. Include the written acknowledgment of the party (client, if represented) on the pleadings; and
  4. Be filed within the deadlines set in the Case Scheduling Order.

The Court will not consider any continuance request that lacks the required client acknowledgment.

General statements alone—such as “discovery is not yet complete,” “the parties require more time to explore settlement,” “a party is continuing medical treatment,” or “counsel has a scheduling conflict”—are insufficient to support a trial continuance.

3. Standard for Granting a Continuance: Good Cause

A continuance will be granted only for good cause shown.
Good cause means a substantial, unanticipated circumstance that could not have been reasonably prevented, anticipated, or addressed with diligence.

The Court evaluates each request on a case-by-case basis, taking into account:

  • The diligence of the parties;
  • The specific reasons for the request;
  • Whether the need for the continuance resulted from avoidable delay;
  • Prior continuances;
  • Compliance with deadlines, including all LCR 40(c) requirements;
  • The impact of delay on the case, witnesses, judicial resources, and court calendar management.

4. Circumstances That Generally Do Not Constitute Good Cause

The following circumstances alone will generally not be considered good cause to continue a civil trial:

  1. Agreement of the parties or counsel (stipulations are not automatically approved).
  2. The case has not been previously continued.
  3. Intent to participate in ADR or hopes that settlement will occur if the trial is continued.
  4. Incomplete discovery.
  5. Appearance of new counsel or anticipated substitution of counsel.
  6. A party’s intent to retain new counsel.
  7. Lack of preparation due to insufficient communication between a party and counsel.
  8. Any request seeking a third or later trial date.
  9. Any request made after the deadline set in the Case Scheduling Order.
  10. Any continuance request for a trial set more than 10 months after the Scheduling Conference.

These factors may be considered but seldom justify altering a firm trial date on their own.

5. Special Considerations in Civil Cases

When evaluating continuance requests, the Court also considers:

  • Any prejudice to the parties caused by delay;
  • Compliance with all pretrial requirements under LCR 40(c), including trial readiness, witness and exhibit disclosures, and pretrial filings;
  • The age, complexity, and procedural history of the case;
  • The impact of delay on witnesses, judicial efficiency, and calendar management.

A continuance may be denied—even when some good cause exists—if granting it would significantly disrupt the civil trial calendar or prejudice other litigants.

6. Trial Deadlines Following a Continuance

Unless specifically modified by Court order, all existing deadlines—including:

  • Witness disclosures,
  • Exhibit exchanges,
  • Discovery cutoff,
  • Dispositive motion deadlines,
  • Pretrial compliance obligations under LCR 40(c)—

remain in effect after a continuance.

A party seeking to modify any deadlines must file a separate motion and show good cause.

7. Court-Initiated Continuances

The Court may continue a civil trial on its own motion when necessary due to:

  • Criminal case priority under LCR 40(d);
  • Judicial illness or unavailability;
  • Another trial extending beyond its expected duration;
  • Interpreter or resource constraints;
  • Any circumstance affecting the orderly administration of justice.

Parties will be notified as soon as practicable.