North Carolina Form AOC-CV-318 is the Motion and Order to Continue, a one-page court document that any party in a civil case files with the Clerk of Superior Court to ask a judge to postpone a scheduled hearing or trial. It is published by the North Carolina Administrative Office of the Courts, and the version most clerks accept is the Rev. 4/2024 edition, which replaced the older Rev. 8/2017 form.
If you fail to file this motion correctly, or you file it too late, the judge can deny the continuance, hold the hearing without you, and enter a default judgment against you. According to the North Carolina Judicial Branch annual caseload report, more than 600,000 civil filings move through the state’s trial courts each year, and continuance motions are among the most common requests judges see, with denial rates climbing sharply for motions filed within 48 hours of the hearing.
Here is what you will learn in this guide:
- 📋 What AOC-CV-318 actually does and which civil cases it applies to
- ✍️ How to fill out every field, box, and signature line on the form
- 👨👩👧 Three full named-filer scenarios showing real entries
- 🏛️ Where and how to file in person, by mail, by fax, and through eCourts File & Serve
- ⚠️ The ten most common mistakes that cause judges to deny continuance motions
What the Form Is and Who Must File It
Form AOC-CV-318 is the official North Carolina civil court motion used to request a postponement of any scheduled court setting, including trial, a hearing on a motion, a pretrial conference, or a summary judgment date. The form is authorized under Rule 40 of the North Carolina Rules of Civil Procedure and is governed by General Rule of Practice 2 and 3, which control the calendaring of cases in the Superior and District Courts.
Any party to a civil action can file it. That includes plaintiffs, defendants, third-party defendants, intervenors, attorneys of record, and self-represented (pro se) litigants. The form covers contract disputes, negligence cases, landlord-tenant appeals from small claims, equitable distribution, alimony, custody (when filed in District Court civil), name changes, and most other civil matters where a court date has been set on the calendar.
The form is not used in criminal cases, infractions, or magistrate-level small claims actions before judgment. Criminal continuances use AOC-CR-221, and small claims continuances are usually handled orally before the magistrate. AOC-CV-318 also is not the right form for asking the judge to extend a deadline that is not a calendared court date; that request goes through a separate motion for extension of time under Rule 6(b).
The agency that receives the form is the Clerk of Superior Court in the county where the case is pending. The clerk routes the motion to the appropriate judge — a Superior Court judge for cases over $25,000 or equitable claims, and a District Court judge for cases at or below that threshold or for family law matters. The judge signs the bottom half of the form, which converts the motion into an order.
Before You Start: Documents and Information You Need
Gather every piece of paperwork before you open the form, because half-filled motions are the leading reason clerks reject filings at the counter. The NC Judicial Branch self-help center advises filers to assemble the full case file, the current calendar notice, and any supporting evidence in one folder before drafting.
Here is the pre-filing checklist. You need at least these eight items, and missing even one can sink the motion:
- The exact case caption and file number. The county, case type prefix (CVS, CVD, CVM, SP, E), and the file number printed on every prior pleading. Without this, the clerk cannot match your motion to the file, and it will sit unfiled.
- The current calendar notice or scheduling order. This document shows the date, time, courtroom, and judge assigned. If you guess the date wrong on the motion, the judge will deny it because it does not match the actual calendar.
- The name and contact information of every other party or attorney. You must serve each one under Rule 5, and the certificate of service must list each address. Skipping a party voids the certificate.
- A written explanation of the reason for the continuance. Illness, witness unavailability, attorney conflict, military deployment, late discovery, or settlement talks. Vague reasons like “need more time” are routinely denied.
- Supporting documents that prove the reason. A doctor’s note, military orders under the Servicemembers Civil Relief Act, an affidavit of counsel describing a calendar conflict, or written confirmation from a witness.
- The position of every other party. You must contact opposing counsel or the opposing pro se party and ask whether they consent, oppose, or take no position. Judges expect this and will ask at the hearing.
- A proposed new date. The form does not require it on the face, but Rule 40 and most local rules tell judges to set a specific replacement date, so come prepared with two or three workable dates.
- The filing fee, if your county charges one. Most counties do not charge a fee for a motion to continue, but a few add a small administrative fee, and the NC Judicial Branch fee schedule lists current amounts.
- A self-addressed stamped envelope if you want a file-stamped copy returned by mail.
Where to Get the Form and How to Access It
Download the current version directly from the NC Courts forms page for AOC-CV-318. The page hosts a fillable PDF that you can complete on a computer and print, or print blank and complete by hand in dark blue or black ink.
You can also pick up a paper copy at the Clerk of Superior Court’s office in any of North Carolina’s 100 counties. The court directory lists addresses, hours, and phone numbers. Some courthouses keep a self-help kiosk in the lobby with stacks of common AOC forms, including AOC-CV-318.
If your county has joined the eCourts File & Serve rollout (Wake, Mecklenburg, Lee, Harnett, Johnston, and a growing list as of 2026), the form is available inside the Odyssey portal as a smart form that prefills the caption from the case record. That version reduces caption errors and lets you e-sign.
Always check the revision date in the bottom-left corner of the page. Clerks must accept any version of an AOC form that has not been formally retired, but using the most recent revision avoids questions and shows the judge you are working from current materials. The current revision as of this writing is Rev. 4/2024, which superseded Rev. 8/2017.
A misconception worth correcting: the form is not the only way to ask for a continuance, but it is the only way most judges will accept the request in writing. Oral motions made in open court the day of trial are almost always denied unless an emergency arose that morning.
Step-by-Step: How to Fill Out Form AOC-CV-318 Line by Line
The form has three logical sections — the caption block at the top, the motion in the middle, and the order at the bottom that the judge signs. You complete the caption and motion. You leave the order blank. Below is every field, in the order it appears on the page.
County Box (Top-Left Caption)
The County box at the very top-left of the form asks you to write the name of the North Carolina county where the case is filed.
To answer it, write the county name in capital letters using the same spelling that appears on every prior pleading. Do not abbreviate. Do not add the word “County.”
For example, Maria Lopez, a pro se defendant in a Mecklenburg County contract case, writes MECKLENBURG in this box.
A nuance: if the case has been transferred from one county to another under Rule 42, use the new county, not the original one. The clerk’s office that holds the file is the only county that matters.
A common mistake is writing the county where you live instead of the county where the case is pending, which causes the clerk to reject the filing because the file does not exist in that courthouse. The direct consequence is a wasted trip and a missed filing window.
A misconception filers carry into this box is that “county” means the county of residence, similar to the IRS or DMV forms. In court papers, county always means the county of venue.
File Number Box (Top-Center Caption)
The File No. box asks for the unique court-assigned identifier for your case.
Copy the number exactly as it appears on the most recent pleading or calendar notice, including the two-digit year, the case-type code (CVS, CVD, CVM, SP, E), and the sequence number. The format looks like 24 CVD 4172.
For example, Carlos Reyes, a plaintiff’s attorney in a Wake County divorce, writes 25 CVD 8801 in the box.
A nuance: if your case has multiple file numbers because related actions were consolidated under Rule 42(a), list every file number separated by a comma, or file a separate motion for each file.
A common mistake is using the wrong case-type prefix, such as writing CVS on a District Court file that is actually CVD. The consequence is the motion gets routed to the wrong judge, who has no authority to act on it, and the hearing date passes before anyone notices.
A misconception is that the file number is the same as a citation number or a docket sheet number. It is not. The file number is generated by the Clerk of Superior Court when the complaint is filed and never changes.
Court Division Checkbox
The form has two small checkboxes labeled District Court Division and Superior Court Division. You must mark exactly one.
To answer, look at the case-type code in the file number. CVD and most family law files are District Court. CVS is Superior Court. SP is special proceedings, usually before the clerk acting as a judicial officer. Mark the box that matches your file.
For example, Janet Williams, filing in a Guilford County alimony case numbered 24 CVD 13990, checks District Court Division.
A nuance arises in cases that started in District Court and were transferred to Superior Court, or vice versa, under Rule 40(b). Use the division where the case currently sits, not the original division.
A common mistake is checking both boxes “to be safe.” That makes the motion ambiguous, and many clerks return it for correction, costing you time you may not have.
A misconception is that the division is determined by the dollar amount of the dispute. The amount controls the original assignment, but once a case is on a calendar, the calendar tells you the division.
Plaintiff and Defendant Names (Caption Body)
The center of the caption asks for the Name Of Plaintiff and Name Of Defendant.
Write the full legal names exactly as they appear on the complaint or summons. Use the order they appear in the original caption. If there are multiple plaintiffs or defendants, list them all, or use et al. only if the original caption uses et al.
For example, in a landlord-tenant appeal, Aisha Coleman writes the plaintiff as PIEDMONT PROPERTIES, LLC and the defendant as AISHA COLEMAN.
A nuance: corporate parties must include the entity designation (LLC, Inc., Corp.) because the N.C. Secretary of State business registry treats the entity name as legally distinct from the trade name.
A common mistake is reversing plaintiff and defendant when filing as a pro se defendant. The consequence is that the judge cannot match the motion to the case at a glance and may set it aside.
A misconception is that nicknames or shortened names are acceptable. They are not. Court captions must mirror the original pleading exactly.
Title of the Form (Pre-Printed)
The form’s title — Motion And Order To Continue — is pre-printed and not a fillable field. You do not change it.
Some filers strike through “Order” or add words like “Emergency” to the title. Do not. Altering the title can cause the clerk to treat the document as a non-AOC pleading, which loses the streamlined handling AOC forms get.
If you need an emergency continuance, the form still works; you write “EMERGENCY MOTION” in the body of the motion narrative below, not in the title.
A misconception is that the word “Order” in the title locks you into a specific outcome. It does not. The lower half is a blank order that the judge can grant or deny by checking a box.
Movant Identification (Body, Opening Sentence)
The body of the motion begins with a pre-printed sentence that reads, in substance, “The undersigned moves the Court to continue the trial/hearing of this case now scheduled for ___.” You fill the blank with the date and type of court setting you want continued.
Write the date in MM/DD/YYYY format and identify the type of setting. For example, 06/14/2026 trial or 07/02/2026 hearing on motion for summary judgment.
For example, Marcus Chen, a defendant whose trial is on the calendar for July 7, 2026, writes 07/07/2026 trial.
A nuance: if multiple settings are scheduled (for example, a pretrial on one date and trial on another), list both dates and label each. Continuing only the trial leaves the pretrial in place.
A common mistake is writing the date you received the calendar notice instead of the date of the court setting itself. The consequence is the judge sees a date that has already passed and denies the motion as moot.
A misconception is that “trial” and “hearing” mean the same thing on this line. They do not. A trial resolves the whole case; a hearing decides one motion. Be specific.
Reasons for the Motion (Numbered Paragraph 1)
The form provides a lined area, numbered as paragraph 1, where you state the reasons supporting the continuance.
Write a clear, dated, factual narrative. Lead with the reason, then the supporting facts, then the date you learned of the conflict, then the steps you took to avoid the continuance. Keep it under one page.
For example, Janet Williams writes: “Movant’s lead counsel is scheduled for surgery on 06/12/2026 with a recovery period of three weeks, as shown by the attached letter from Dr. Patel dated 05/20/2026. Counsel learned of the surgery on 05/15/2026 and immediately notified opposing counsel.”
A nuance: under General Rule of Practice 3, the reason must show “good cause.” Convenience, light caseload, or wanting more prep time are not good cause unless paired with concrete facts.
A common mistake is writing emotional or argumentative reasons (“This case is unfair”) instead of procedural ones. The consequence is the judge views the motion as a delay tactic and denies it.
A misconception is that you need to attach evidence for every reason. You do not, but a doctor’s note, military orders, or an affidavit of counsel dramatically increases the chance of approval.
Position of Other Parties (Numbered Paragraph 2)
The next numbered paragraph asks you to state whether the other parties consent, object, or take no position.
Contact every other party or their attorney before filing. Document the response in writing if possible. Then write one of three statements: “Plaintiff consents to this motion,” “Plaintiff objects to this motion,” or “Movant has contacted Plaintiff’s counsel and Plaintiff takes no position.”
For example, Carlos Reyes writes “Defendant, through counsel Jane Smith, consents to this motion as confirmed by email dated 05/22/2026.”
A nuance: if you cannot reach the other party after a good-faith effort, say so and describe the efforts. Judges accept “Movant left two voicemails on 05/20/2026 and 05/21/2026 and emailed counsel; no response received.”
A common mistake is leaving this paragraph blank or writing “unknown.” The consequence is the judge presumes you did not try, which is grounds for denial under General Rule of Practice 3.
A misconception is that consent guarantees the motion will be granted. It does not. The judge controls the calendar, and even consented motions can be denied if the case is old or the trial date is firm.
Prior Continuances (Numbered Paragraph 3)
The form asks you to state how many prior continuances have been granted in the case and which party requested each.
Look back through the file. List each prior continuance, the date granted, and which side asked. If none, write “No prior continuances have been granted in this case.”
For example, Aisha Coleman writes “One prior continuance was granted on 03/14/2026 at the request of the Plaintiff.”
A nuance: under most local calendaring rules, a third continuance to the same party is presumptively denied. Knowing the count helps you decide whether to file at all.
A common mistake is forgetting prior continuances or undercounting them. The consequence is a credibility hit when the judge pulls the file and sees the truth.
A misconception is that continuances granted to the other side count against you. They do not, but the judge weighs the total age of the case, so be honest about every prior delay.
Signature Line and Date
Below the numbered paragraphs are the signature line, printed name, address, telephone number, State Bar number (if attorney), and date.
Sign in dark ink. Print your name beneath. Add your full mailing address, daytime phone number, and email if the form has a line for it. Attorneys add their bar number; pro se filers leave the bar number blank or write “Pro Se.” Date the signature the day you sign.
For example, Maria Lopez signs, prints Maria Lopez, writes 4218 Sharon Road, Charlotte, NC 28211, phone 704-555-0142, and date 05/24/2026.
A nuance: if you are an attorney signing for a firm, the Rules of Professional Conduct require your individual signature, not the firm name alone.
A common mistake is signing in pencil or light pen. The clerk may reject the filing because the signature must scan clearly into the eCourts system.
A misconception is that an electronic signature on a printed form is acceptable. Outside the eCourts portal, judges expect a wet ink signature on paper filings.
Certificate of Service
At the bottom of the motion, before the order block, is the Certificate of Service. This certifies that you mailed, hand-delivered, emailed, or e-served a copy of the motion on every other party.
Fill in the date of service, the method (U.S. mail, hand delivery, email, eCourts e-service), the name and address of every party served, and your signature. Service must follow Rule 5(b).
For example, Marcus Chen writes “I certify that on 05/24/2026 I served the foregoing Motion by depositing a copy in the U.S. Mail, first-class postage prepaid, addressed to Plaintiff’s counsel John Doe, 100 Fayetteville Street, Suite 1500, Raleigh, NC 27601.”
A nuance: service by email is allowed only if the recipient has agreed in writing or if the court has ordered it. eCourts e-service through File & Serve satisfies Rule 5 automatically.
A common mistake is signing the certificate before actually mailing the copies. That is a false certification and can be sanctioned under Rule 11.
A misconception is that filing the motion with the clerk also serves the other side. It does not. You must independently serve every party.
The Order Block (Bottom Half — Leave Blank)
The bottom half of the form is the Order, which the judge signs. It contains checkboxes for Granted and Denied, a blank line for the new date, and the judge’s signature line.
You leave this entire section blank. Do not check a box. Do not write a date. Do not sign for the judge.
For example, Carlos Reyes prints the form, completes the top half, leaves the order untouched, and submits it to the clerk for the judge.
A nuance: some judges want the movant to fill in a proposed new date in pencil so the courtroom clerk can copy it into the order if granted. Practice varies by county; ask the trial court administrator.
A common mistake is checking “Granted” before filing. The clerk will reject the form, or worse, the judge will see it and treat the motion as misleading.
A misconception is that filing the motion is the same as getting it granted. It is not. The motion is only a request, and the judge can deny it at the hearing or on the papers.
Three Filled-Out Examples Using Real Scenarios
Below are three full walkthroughs, each following one named person through the entire form. Each scenario shows what the filer enters in the most important fields.
Scenario 1: Maria Lopez — Pro Se Defendant Needing Time to Hire Counsel
Maria was sued for breach of a roofing contract in Mecklenburg County District Court. Her trial is set for 06/14/2026. She wants to hire a lawyer and needs three weeks.
| Form Section | What Maria Enters |
|---|---|
| County | MECKLENBURG |
| File No. | 25 CVD 6614 |
| Division | District Court Division (checked) |
| Plaintiff | APEX ROOFING, LLC |
| Defendant | MARIA LOPEZ |
| Setting to be continued | 06/14/2026 trial |
| Reason (¶1) | “Defendant is pro se and has retained counsel as of 05/22/2026. New counsel needs three weeks to review discovery and prepare for trial.” |
| Position of other parties (¶2) | “Plaintiff’s counsel objects to this motion as stated by email on 05/23/2026.” |
| Prior continuances (¶3) | “No prior continuances have been granted.” |
| Signature block | Maria Lopez, 4218 Sharon Road, Charlotte, NC 28211, 704-555-0142, Pro Se, 05/24/2026 |
| Certificate of Service | Mailed to Apex Roofing’s counsel at 200 N. Tryon Street, Suite 3000, Charlotte, NC 28202 on 05/24/2026 |
| Order block | Left blank for the judge |
Scenario 2: Carlos Reyes — Plaintiff’s Attorney with a Witness Conflict
Carlos represents the plaintiff in a Wake County equitable distribution case. His lead expert witness has a non-refundable medical procedure scheduled the week of trial.
| Form Section | What Carlos Enters |
|---|---|
| County | WAKE |
| File No. | 24 CVD 8801 |
| Division | District Court Division (checked) |
| Plaintiff | DAVID NGUYEN |
| Defendant | LINDA NGUYEN |
| Setting to be continued | 07/07/2026 trial |
| Reason (¶1) | “Plaintiff’s expert valuation witness, Dr. Robert Hayes, has scheduled cardiac surgery on 07/06/2026 with a four-week recovery, as shown by his affidavit attached as Exhibit A. Counsel learned of this on 05/19/2026.” |
| Position of other parties (¶2) | “Defendant, through counsel Jane Smith, consents to this motion as confirmed by email dated 05/22/2026.” |
| Prior continuances (¶3) | “No prior continuances have been granted.” |
| Signature block | Carlos Reyes, NC Bar No. 41882, Reyes Family Law PLLC, 555 Fayetteville Street, Suite 800, Raleigh, NC 27601, 919-555-0188, 05/23/2026 |
| Certificate of Service | E-served via eCourts File & Serve on 05/23/2026 |
| Order block | Left blank for the judge |
Scenario 3: Sergeant Marcus Chen — Active-Duty Servicemember
Marcus is a defendant in a Cumberland County car-accident case. He received deployment orders to Germany three weeks before trial.
| Form Section | What Marcus Enters |
|---|---|
| County | CUMBERLAND |
| File No. | 24 CVS 4172 |
| Division | Superior Court Division (checked) |
| Plaintiff | KAREN ADAMS |
| Defendant | MARCUS CHEN |
| Setting to be continued | 07/07/2026 trial |
| Reason (¶1) | “Defendant is an active-duty servicemember in the U.S. Army and received deployment orders to Germany effective 06/20/2026 for 12 months, as shown in the attached orders. Defendant invokes the Servicemembers Civil Relief Act, 50 U.S.C. § 3932.” |
| Position of other parties (¶2) | “Plaintiff’s counsel takes no position after being contacted on 05/21/2026.” |
| Prior continuances (¶3) | “One prior continuance was granted on 02/10/2026 at Plaintiff’s request.” |
| Signature block | Marcus Chen, 4400 Bragg Boulevard, Fayetteville, NC 28303, 910-555-0167, Pro Se, 05/24/2026 |
| Certificate of Service | Hand-delivered to Plaintiff’s counsel at 300 Hay Street, Fayetteville, NC 28301 on 05/24/2026 |
| Order block | Left blank for the judge |
How to File the Completed Form
You can file AOC-CV-318 through four channels in most counties. Each channel has its own address, fee, processing time, and proof-of-filing.
In person at the Clerk of Superior Court. Bring the original plus two copies. The clerk file-stamps all three, keeps the original, and returns two stamped copies to you. There is no filing fee for a motion to continue in most counties. Processing is immediate. Find your courthouse on the court locations directory.
By U.S. mail. Mail the original plus two copies and a self-addressed stamped envelope to the Clerk of Superior Court at the courthouse address. Use certified mail with return receipt for proof. Processing time runs three to five business days. Keep the certified mail receipt as your proof of filing.
By fax. A handful of counties still accept faxed motions under General Rule of Practice 5, but you must follow up with the original. Confirm your county’s fax policy with the trial court administrator before sending. Keep the fax confirmation sheet.
Through eCourts File & Serve. In Odyssey counties, log in to the File & Serve portal, upload the completed PDF, select the case, and submit. The system stamps the document electronically and emails a confirmation. There is no filing fee for the motion itself, though the portal vendor charges a small service fee for some submissions. Processing is usually within 24 hours.
After filing, calendar the hearing with the trial court administrator (TCA) or the calendaring clerk. The motion does not automatically get a hearing slot; you must request one under your county’s local rules, and many TCAs require at least five business days’ notice.
What Happens After You File
Once the clerk stamps the motion and routes it to the assigned judge, one of three things happens. The judge can grant the motion on the papers, deny it on the papers, or set the motion for a brief hearing.
If the judge grants the motion, the order block is checked, a new date is written in, and the courtroom clerk mails or e-sends the signed order to all parties. The case is removed from the original calendar and added to the new one. You should still confirm the new date with the trial court administrator.
If the judge denies the motion, the order block is checked “Denied” and signed. The original date stays. You must show up ready to proceed, or risk default judgment under Rule 55.
If the judge sets the motion for a hearing, you and the other parties argue briefly — usually five minutes — at the next motion calendar. Bring your supporting documents. Be ready to propose specific replacement dates.
A common misconception is that filing the motion automatically pauses the case. It does not. Until the judge signs the order granting the continuance, every deadline and every court date stays in place.
Mistakes to Avoid When Filling Out the Form
Continuance motions fail more often for procedural reasons than for weak facts. Here are the ten most common errors and what each one costs you.
- Filing fewer than 48 hours before the hearing. Most local rules treat last-minute motions as presumptively denied. Consequence: the judge denies the motion and holds the hearing as scheduled.
- Leaving paragraph 2 blank about the other parties’ positions. Judges read this first. Consequence: the motion is denied for lack of good-faith conferral.
- Misstating the case number or county. The clerk cannot match the motion to the file. Consequence: the motion sits unfiled and the deadline passes.
- Writing vague reasons like “need more time.” Consequence: the judge denies for lack of good cause under General Rule of Practice 3.
- Forgetting the certificate of service. Consequence: the judge cannot consider the motion because the other parties were not noticed.
- Signing the order block. Consequence: the clerk rejects the form, or the judge views the filer as deceptive.
- Attaching no supporting documentation for medical or military reasons. Consequence: the judge has nothing to verify the claim and denies the motion.
- Listing the wrong court division. Consequence: the motion is routed to a judge with no authority over the case.
- Failing to count prior continuances honestly. Consequence: the judge loses trust and denies on credibility grounds.
- Assuming the motion pauses discovery deadlines. Consequence: discovery sanctions under Rule 37 for missed responses.
Do’s and Don’ts
A short list of habits that separate granted motions from denied ones, drawn from years of practice in North Carolina trial courts.
- Do call opposing counsel before you draft, because consent dramatically improves your odds.
- Do attach exhibits for medical, military, or witness reasons, because verified facts beat naked claims.
- Do propose two or three replacement dates, because it shows the judge you respect the calendar.
- Do file as far in advance of the hearing as possible, because timing alone wins many motions.
- Do double-check the case number and county, because clerical errors stop the motion cold.
- Do keep a stamped copy of the motion, because you may need to prove the filing date later.
- Don’t sign the order block, because that confuses the clerk and the judge.
- Don’t write argumentative or emotional reasons, because judges discount them.
- Don’t rely on a phone call to opposing counsel, because written confirmation is the only proof that survives a dispute.
- Don’t wait until the day of the hearing, because most courts treat day-of motions as untimely.
- Don’t assume granting is automatic, because even consented motions can be denied.
- Don’t skip the certificate of service, because Rule 5 requires it on every motion.
Pros and Cons of Filing on Your Own vs. With Help
Pro se filers can absolutely complete AOC-CV-318 successfully, but there are trade-offs. Here is an honest look at both sides.
- Pro: Filing yourself costs nothing in attorney fees, which matters when the underlying case is small.
- Pro: You control the timing and the wording, so the motion reflects your facts in your voice.
- Pro: AOC-CV-318 is short and structured, which makes it one of the easier motions for a self-represented party.
- Pro: Many clerks will glance at the form and flag obvious errors at the counter, which catches mistakes early.
- Pro: Filing yourself teaches you the local rules, which helps with later motions in the same case.
- Con: Pro se filers often miss the certificate-of-service requirement and lose the motion on procedure.
- Con: Without an attorney, you cannot use the NC Bar’s calendar conflict rule to argue an automatic continuance for a scheduling conflict.
- Con: Judges sometimes hold pro se filers to a slightly stricter standard on “good cause” because they assume professional preparation.
- Con: Drafting the reason paragraph requires legal writing skills, which is where attorneys add the most value.
- Con: If the motion is denied, you lose strategic ground that an attorney might have preserved through alternative motions.
Mail vs. eCourts Filing
| Filing Method | What to Expect |
|---|---|
| U.S. Mail | Three to five business day processing, certified mail receipt is your proof, requires self-addressed stamped envelope for stamped copies returned |
| eCourts File & Serve | 24-hour processing, instant electronic confirmation, automatic Rule 5 e-service to other parties, available only in Odyssey counties |
FAQs
Do I need a filing fee for AOC-CV-318?
No. Most North Carolina counties charge no filing fee for a motion to continue, though a few add small administrative fees. Check the court costs page for your county.
Can I file this motion the day before trial?
Yes, but the judge is likely to deny it. Most local rules require motions at least three to five business days before the hearing, and last-minute motions need a documented emergency.
Do I write my maiden name or married name in the caption?
No to either if neither matches the original pleading. Use the exact name that appears on the complaint or summons, even if you have since changed names.
Should I leave the order block blank?
Yes. The bottom half of the form is the judge’s order. Filers never check a box, write a date, or sign there.
Do I need the other side’s consent before filing?
No, but you must contact them in good faith and disclose their position in paragraph 2. Failure to confer is a frequent ground for denial.
Is faxing the motion still allowed?
Yes in some counties under General Rule of Practice 5, but call the trial court administrator first and follow up with the original. eCourts e-filing is preferred where available.
Do I need a separate proposed order?
No. The bottom half of AOC-CV-318 is the order. A separate proposed order is not required, though some judges appreciate one for complex cases.
What if I cannot reach opposing counsel before filing?
Yes, you can still file. State your good-faith efforts in paragraph 2 with dates and methods, and explain that no response was received.
Does filing the motion stop discovery deadlines?
No. Discovery deadlines remain in force until the judge enters an order saying otherwise. Missing a deadline can trigger Rule 37 sanctions.
Can I use AOC-CV-318 in small claims court?
No. Small claims continuances are handled orally before the magistrate. Use this form only for civil cases in District or Superior Court.
What if I am on active military duty?
Yes, you can request a continuance under the Servicemembers Civil Relief Act. Attach your orders and cite 50 U.S.C. § 3932 in paragraph 1.
Do I sign in blue or black ink?
Yes to either, but use dark ink so the signature scans cleanly into the eCourts system. Light pen or pencil signatures are routinely rejected.
Is the Rev. 8/2017 version still accepted?
Yes, clerks must accept any non-retired AOC version, but the Rev. 4/2024 edition is current and avoids questions about whether you used the right form.
How many prior continuances are too many?
No firm cap exists, but a third request from the same party is presumptively denied under most county calendaring rules. Be honest in paragraph 3.
Can I e-sign the form outside of File & Serve?
No. Outside the eCourts portal, judges expect a wet-ink signature on paper filings. Inside the portal, the e-signature feature is built in.
Related reading
- How to Fill Out North Carolina Form AOC-CV-100 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-101 (w/Examples) + FAQs
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