Rule 24.080.Continuances

Current through August 1, 2026 · Last verified September 12, 2026

In one sentenceUTCR 24.080 routes a post-conviction continuance request to the judge presiding over the hearing or trial, requires good cause, and makes a represented party's counsel certify conferral with opposing counsel and, when petitioner's counsel moves past a year from the original petition, the petitioner's authorization.

Full Text of Rule 24.080

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(1) Motions to continue a hearing or trial may be made to the judge presiding over the hearing or trial, or such other judge as may be designated by Supplementary Local Rules. The judge may allow a continuance for good cause shown.

(2) Any motion for continuance by a represented party must include a certification by the moving counsel that:

(a) Counsel has conferred with opposing counsel and whether opposing counsel objects or agrees to the motion; and

(b) If the motion is filed by petitioner’s counsel and is beyond one year from the filing of the original petition, a statement that petitioner’s counsel has conferred with petitioner and has authorization to request the continuance. If petitioner does not authorize the request, counsel must note petitioner’s objections together with counsel’s reason for requesting the continuance despite petitioner’s objections.

End

Plain-English Summary

A motion to continue a hearing or trial goes to the judge presiding over that hearing or trial, or to another judge designated by Supplementary Local Rules. Some districts route these motions to a single judge, so check the local rules before deciding where to send one. The standard is good cause shown, and the rule says the judge may allow the continuance, not must.

When the moving party has a lawyer, the motion carries a certification. Counsel must certify that they have conferred with opposing counsel, and must say whether opposing counsel objects or agrees. A motion that skips the conferral is incomplete on its face.

A second certification kicks in when the petitioner's counsel asks for a continuance more than a year after the original petition was filed. At that point counsel must state that they have conferred with the petitioner and have the petitioner's authorization to ask for the delay. If the petitioner will not authorize it, counsel does not lose the motion, but counsel must set out the petitioner's objections along with counsel's own reasons for asking anyway. The petitioner keeps a voice in how long their case takes, and the record shows when the lawyer and the client disagreed about it.

Frequently Asked Questions

Who decides a continuance motion in an Oregon post-conviction case?

The judge presiding over the hearing or trial, or another judge designated by Supplementary Local Rules. That judge may allow the continuance for good cause shown.

What has to be certified in a post-conviction continuance motion?

When a represented party moves for a continuance, the moving lawyer must certify that they conferred with opposing counsel and must state whether opposing counsel objects or agrees. A further certification applies to the petitioner's counsel past a year from the original petition.

Does the petitioner have to authorize a continuance?

Past a year from the filing of the original petition, the petitioner's counsel must state that they conferred with the petitioner and have authorization to request the continuance. Before that mark, the rule requires conferral with opposing counsel but not with the petitioner.

What if the petitioner objects to a continuance that counsel wants?

Counsel may still file the motion, but must note the petitioner's objections in it, together with counsel's reason for asking despite them. The disagreement goes on the record rather than being resolved quietly.

Is good cause required for a post-conviction continuance?

Yes. The judge may allow a continuance for good cause shown. Agreement between the lawyers is not the standard; it is information the certification puts in front of the judge, who still decides.

Source & verification. The rule text is reproduced verbatim from the official Oregon Uniform Trial Court Rules (UTCR 24.080). Prescribed by the Chief Justice of the Oregon Supreme Court (UTCR 1.020). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source

Also known as: post-conviction continuance Oregoncontinue post-conviction trialcontinuance certification counselpetitioner authorization continuancegood cause continuance post-conviction