(a) Generally. — On motion of any party or on its own initiative, the court may continue or postpone a trial or other proceeding as justice may require.
Rule 2-508.Continuance or postponement
Circuit Court · Last amended January 1, 2018 · Last verified July 13, 2026
In one sentenceRule 2-508 gives a Maryland circuit court discretion to continue or postpone a trial, while requiring a sworn affidavit and specific facts when the request rests on a witness who can't attend.
Full Text of Rule 2-508
(b) Discovery not completed. — When an action has been assigned a trial date, the trial shall not be continued or postponed on the ground that discovery has not yet been completed, except for good cause shown.
(c) Absent witness. — A motion for a continuance or postponement on the ground that a necessary witness is absent shall be supported by an affidavit. The affidavit shall state: (1) the intention of the affiant to call the witness at the proceeding, (2) the specific facts to which the witness is expected to testify, (3) the reasons why the matter cannot be determined with justice to the party without the evidence, (4) the facts that show that reasonable diligence has been employed to obtain the attendance of the witness, and (5) the facts that lead the affiant to conclude that the attendance or testimony of the witness can be obtained within a reasonable time. The court may examine the affiant under oath as to any of the matters stated in the affidavit and as to the information or knowledge relied upon by the affiant in determining those facts to which the witness is expected to testify. If satisfied that a sufficient showing has been made, the court shall continue or postpone the proceeding unless the opposing party elects to stipulate that the absent witness would, if present, testify to the facts stated in the affidavit, in which event the court may deny the motion.
(d) Costs. — When granting a continuance or postponement for a reason other than one stated in Rule 16-804 (e), the court may assess costs and expenses occasioned by the continuance or postponement.
Amendment History
Amended Sept. 10, 2009, effective Oct. 1, 2009; June 20, 2017, effective August 1, 2017; October 10, 2017, effective January 1, 2018.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is derived from former Rule 527 a 1.
Section (b) is derived from former Rule 526.
Section (c) is derived from former Rule 527 c 1, 2, 3, and 4.
Section (d) is derived from former Rule 527 e.
Plain-English Summary
Either on a party's motion or on its own, the court can continue or postpone a trial or other proceeding whenever justice calls for it. But an unfinished discovery schedule, by itself, isn't enough once a case has a trial date — the rule blocks that ground for continuance absent good cause. When the reason for the request is that a necessary witness can't be there, the moving party needs more than a bare request: an affidavit stating the intent to call that witness, the specific facts the witness would testify to, why the case can't be justly decided without that testimony, what diligence went into trying to get the witness there, and facts supporting the belief that the witness's attendance or testimony can still be obtained within a reasonable time. The court can question the affiant under oath about any of this.
If the court is satisfied the showing is sufficient, it must continue or postpone the proceeding — unless the opposing party heads that off by stipulating that the absent witness would testify exactly as the affidavit describes, in which case the court can deny the motion instead. Finally, when a court grants a continuance or postponement for a reason other than certain circuit-specific grounds, it can assess the costs and expenses the delay caused against a party.
Frequently Asked Questions
Can a court postpone a trial without a motion from either side?
Yes. The court can continue or postpone a trial or other proceeding on its own initiative, not just on a party's motion, whenever justice requires it.
Is unfinished discovery a good enough reason to postpone a trial that's already scheduled?
Not by itself. Once a trial date is set, the rule bars using incomplete discovery as a ground for continuance unless the party shows good cause.
What must a party show to get a continuance because a witness can't attend?
A supporting affidavit stating the intent to call the witness, the specific facts the witness would testify to, why the case can't be justly decided without that testimony, the diligence used to secure the witness's attendance, and facts showing the witness's attendance or testimony can be obtained within a reasonable time.
Can the opposing party head off a continuance sought over an absent witness?
Yes. If the opposing party stipulates that the absent witness would testify to the facts stated in the affidavit, the court may deny the continuance instead of granting it.
Who pays for the costs a continuance causes?
The court has discretion to assess the costs and expenses caused by a continuance or postponement against a party, when the continuance is granted for a reason other than certain circuit-specific grounds.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: Maryland continuance rulepostpone trial Maryland circuit courtabsent witness affidavit MarylandMd Rule 2-508 continuance or postponement