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Rule 231.Motions for Continuance

Article II. Rules on Civil Proceedings in the Trial Court · Part F. Trials · Last amended 1970 · Last verified July 20, 2026

In one sentenceRule 231 sets the proof a party must offer to postpone a trial, most often through an affidavit describing missing evidence, and lists other grounds courts will accept.

Full Text of Ill. S. Ct. R. 231

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) Absence of Material Evidence. If either party applies for a continuance of a cause on account of the absence of material evidence, the motion shall be supported by the affidavit of the party so applying or his authorized agent. The affidavit shall show (1) that due diligence has been used to obtain the evidence, or the want of time to obtain it; (2) of what particular fact or facts the evidence consists; (3) if the evidence consists of the testimony of a witness his place of residence, or if his place of residence is not known, that due diligence has been used to ascertain it; and (4) that if further time is given the evidence can be procured.
(b) When Continuance Will Be Denied. If the court is satisfied that the evidence would not be material, or if the other party will admit the affidavit in evidence as proof only of what the absent witness would testify to if present, the continuance shall be denied unless the court, for the furtherance of justice, shall consider a continuance necessary.
(c) Other Causes for Continuance. It is sufficient cause for the continuance of any action:
(1) that, in time of war or insurrection, a party whose presence is necessary for the full and fair prosecution or defense of the action is in the military service of the United States or of this State and that his military service materially impairs his ability to prosecute or defend the action; or
(2) that the party applying therefor or his attorney is a member of either house of the General Assembly during the time the General Assembly is in session, if the presence of that party is necessary for the full and fair trial of the action, and in the case of the attorney, if the attorney was retained by the party prior to the time the cause was set for trial.
(d) Amendment as Cause. No amendment is cause for continuance unless the party affected thereby, or his agent or attorney, shall make affidavit that, in consequence thereof, he is unprepared to proceed to or with the trial. If the cause thereof is the want of material evidence, a continuance shall be granted only on a further showing as may be required for continuance for that cause.
(e) Court’s Own Motion. The court may on its own motion, or with the consent of the adverse party, continue a cause for trial to a later day.
(f) Time for Motion. No motion for the continuance of a cause made after the cause has been reached for trial shall be heard, unless a sufficient excuse is shown for the delay.
(g) Taxing of Costs. When a continuance is granted upon payment of costs, the costs may be taxed summarily by the court, and on being taxed shall be paid on demand of the party, his agent, or his attorney, and, if not so paid, on affidavit of the fact, the continuance may be vacated, or the court may enforce the payment, with the accruing costs, by contempt proceedings.
End

Plain-English Summary

Rule 231 tells a party how to ask the court to push a trial date back. If the request rests on missing evidence, the party must file an affidavit that shows real effort to gather the evidence, describes exactly what the evidence would prove, and states the missing witness’s whereabouts if known. Even with a proper affidavit, the court will still deny the continuance if it finds the evidence would not be material, or if the opposing side agrees to treat the affidavit as proof of what the absent witness would say, unless the court finds a continuance necessary to serve justice.

The rule also lists other grounds for a continuance apart from missing evidence: a party’s military service during wartime, or legislative duty during a General Assembly session. An amendment to the pleadings does not by itself justify delay unless the affected party swears the change leaves them unprepared for trial.

Courts can grant a continuance on their own, or with the other side’s consent, and can condition it on payment of costs. A request made after the case is called for trial faces a higher bar: the moving party must explain the delay.

Frequently Asked Questions

What must an affidavit for a continuance include?
It must show the party tried to get the evidence (or explain why there was no time), describe what the evidence would prove, give the missing witness’s address if known, and state that more time would let the party produce it.
Can a party get a continuance just because the pleadings changed?
No. An amendment to the pleadings only justifies a continuance if the affected party swears under oath that the change leaves them unprepared to try the case.
Does military service qualify as grounds for a continuance?
Yes, during war or insurrection, if a party whose presence is necessary for trial is serving in the military and that service impairs the ability to prosecute or defend the case.
Can the judge order a continuance without either side asking?
Yes. The court may continue a case on its own motion, or with the consent of the opposing party.
What happens if a continuance is granted on the condition that costs are paid?
The court can tax the costs summarily, and if the party fails to pay on demand, the court can vacate the continuance or enforce payment through contempt proceedings.

Committee Comments

(Revised October 1969) This rule, as adopted effective January 1, 1967, was former Rule 14 without change in substance. Paragraph (c) of the rule was amended in 1969 to conform with the 1967 amendment of section 59 of the Civil Practice Act. 1967 Ill. Laws 326.

Amendment History

Amended October 21, 1969, effective January 1, 1970.

Source & verification. Rule text, official Committee Comments, and amendment history are reproduced verbatim from the Illinois Supreme Court Rules, promulgated by the Supreme Court of Illinois. Last verified July 20, 2026. · Official source
Also known as: continuancepostpone trialdelay trial dateaffidavit for continuancemotion to continuemilitary service continuance