Illinois Supreme Court Rule 231: Affidavit, Grounds, and Costs

In an Illinois civil case, you request a continuance by filing a written motion with the court before the case is called for trial, and in most situations you must attach a sworn affidavit explaining why the delay is necessary. An Illinois motion for continuance is governed primarily by Illinois Supreme Court Rule 231, with broader discretionary authority coming from Section 2-1007 of the Code of Civil Procedure, which lets a judge continue a case “on good cause shown.”¹ Whether the judge grants it depends on what you are asking for, when you ask, and how well you document the reason.

File Before the Case Is Called for Trial

Rule 231(f) sets a hard timing rule: the motion must be filed before the case is called for trial. If you wait until the day of trial or later, the court will not hear the motion unless you offer a convincing explanation for why you could not raise it sooner.²

The reasoning is practical. Courts cannot run their calendars if continuances are routinely available at the courtroom door, and judges treat late requests with real suspicion. If you knew about the problem a week ago and said nothing, the merits of the motion will not save it. File as soon as the need becomes apparent.

What the Affidavit Must Say

When the reason for your continuance is that a witness or piece of evidence is unavailable, Rule 231(a) requires a sworn affidavit covering four points. A vague or incomplete affidavit will get the motion denied.²

Due diligence. You have to show real, documented efforts to locate the evidence or witness before the trial date, or that you did not have enough time to search.
What the evidence would prove. The affidavit must identify the specific facts the missing material would establish, not just gesture at its importance.
Where the witness lives. If the missing evidence is testimony, you must provide the witness’s residence, or show the efforts you made to find it if the address is unknown.
Realistic prospect of obtaining it. You must state that the evidence can actually be obtained if the court gives you more time.

That last point catches people. Courts do not grant continuances so a party can go looking for something that may or may not exist. You need a credible path to getting the evidence in hand, not a hope.

When the Judge Must Deny the Request

Rule 231(b) identifies two situations where the court must deny the motion, even if your affidavit is otherwise complete.²

The first is immateriality. If the facts the absent witness would establish are already in the record, or would not affect the outcome, the court has no reason to pause the trial. The second is admission. If the opposing side agrees to accept the affidavit itself as evidence of what the missing witness would have said, the written description substitutes for the live testimony and the trial moves ahead. This keeps a party from using a witness’s absence as a stalling tactic when the substance is not actually in dispute.

There is one override. Even when either condition is met, a judge can still grant the continuance if doing so is necessary “for the furtherance of justice.” That provision exists for unusual cases where the admission or immateriality finding would not fully protect the requesting party’s rights.²

Automatic Grounds: Military and Legislative Service

Rule 231(c) creates two narrow situations where a continuance is effectively automatic.²

During a war or insurrection, a party whose presence is necessary for a full and fair trial is entitled to a continuance if they are serving in the U.S. military or the Illinois military forces and that service materially impairs their participation. The federal Servicemembers Civil Relief Act backstops this, requiring at least a 90-day stay when an active-duty servicemember files an application showing that military duties prevent appearance, supported by a letter from the commanding officer confirming leave is not authorized.³

The second ground covers members of the Illinois General Assembly while the legislature is in session. The party or the attorney must be a sitting legislator, that person’s presence must be necessary for a fair trial, and if the legislator is the attorney rather than the party, they must have been retained before the trial date was set. Section 2-1007 extends similar protection to delegates at a State Constitutional Convention and to attorneys observing religious holidays that conflict with a court date.¹

When the Other Side Amends a Pleading

If your opponent amends a complaint, answer, or other pleading and the change leaves you unprepared, Rule 231(d) lets you ask for more time. The request requires an affidavit stating that you cannot proceed because of the amendment. If the reason you are unprepared is that you now need additional evidence, you also have to meet the full Rule 231(a) affidavit requirements, including due diligence and a realistic ability to obtain the material.²

Pointing at the amendment is not enough on its own. Explain under oath how the specific changes affect your preparation. A judge who concludes the amendment was minor, or that you had ample time to adjust, will deny the request.

Good Cause Under Section 2-1007

Rule 231 covers specific categories. For everything else, judges draw on Section 2-1007 of the Code of Civil Procedure, which allows a continuance “on good cause shown, in the discretion of the court and on just terms.”¹ This is the provision that reaches sudden illness, a death in the family, scheduling conflicts, and other circumstances that would make proceeding unfair.

Because the discretion is broad, judges weigh these requests case by case. How long the case has been pending matters. So does whether you could have foreseen the problem, and how much the delay would prejudice the other side. Put the request in writing and explain the cause as specifically as you can, even though Section 2-1007 does not demand the detailed affidavit Rule 231(a) requires.

Costs the Judge Can Impose

Under Rule 231(g), when the court grants a continuance it can order the requesting party to pay the other side’s costs as a condition of the delay. The judge calculates the amount on the spot, and it may include witness fees and expenses the opposing party incurred preparing for the original trial date.²

Ignoring a cost order is a bad idea. If you do not pay when demanded, the court can vacate the continuance, which means the trial proceeds on the original date and you lose the extra time. The judge can also initiate contempt proceedings to force payment. Treat a cost order as non-negotiable.²

If the Motion Is Denied

A trial court’s denial of a continuance is reviewed on appeal under the abuse-of-discretion standard. The appellate court will reverse only if the ruling was arbitrary, fanciful, or unreasonable, meaning no reasonable judge would have decided the same way. That is a high bar.⁴

Given that deference, the time to make your case is in the trial court, not on appeal. File a detailed affidavit, attach documentation of your efforts, and get your arguments on the record clearly. Day-of-trial requests, unexplained failures to appear, and general claims of unpreparedness have consistently failed on appeal.

1
FindLaw. Illinois Code Chapter 735 Civil Procedure 5/2-1007 – Extension of Time and Continuances
2
Illinois Courts. Illinois Supreme Court Rule 231 – Motions for Continuance
3
Office of the Law Revision Counsel. 50 USC 3932 – Stay of Proceedings When Servicemember Has Notice
4
Illinois Courts. In Re D.M., 2020 IL App (1st) 200103