Can I Change My Court Date in Massachusetts and New Hampshire?

If you have been charged with a crime or are required to appear in court, attending your scheduled court date is extremely important. However, sometimes emergencies, scheduling conflicts, or other legitimate reasons make it impossible to appear as planned.

In both Massachusetts and New Hampshire, it is possible to change your court date, but doing so requires a valid reason and approval from the court.

Changing a Court Date in Massachusetts

In Massachusetts, a request to change your court date is called a “motion to continue.” This is a formal request asking the judge to postpone your hearing or trial to a later date.

How to Request a Continuance

You or your attorney must file a Motion to Continue with the court before the scheduled date of your hearing. The motion should clearly explain why you are requesting the change — for example:

• A medical emergency or illness
• A scheduling conflict with another court case or work obligation
• The need for more time to prepare your defense
• An unavailable witness or key piece of evidence

The motion should also indicate whether the prosecutor (District Attorney) agrees or objects to the continuance.

Court Approval

A judge will review your request and decide whether to grant it. If the judge believes the reason is legitimate and not intended to delay the case unnecessarily, the request is usually approved. If you fail to appear without approval, the court can issue a default and a warrant for your arrest.

Emergency Requests

If you cannot file a motion in time — for example, due to a sudden medical or family emergency — you or your attorney should contact the clerk’s office immediately to explain the situation. The court may reschedule the date or excuse your absence if it determines you had good cause.

Changing a Court Date in New Hampshire

New Hampshire follows a similar process for rescheduling court appearances, though it may vary slightly depending on whether the case is in District Court (Circuit Court) or Superior Court.

Filing a Motion to Continue

Your attorney (or you, if self-represented) must file a written motion to continue with the court, explaining:

• The specific reason for the request
• Whether the other party agrees or objects
• How long of a delay is requested

Judges in New Hampshire generally expect good cause, such as illness, unavailability of a necessary witness, or the need for more preparation time.

Court’s Discretion

The court has broad discretion to approve or deny the request. Continuances are more likely to be granted if this is your first request, you filed it promptly, and the reason is clearly explained and supported by documentation (such as a doctor’s note or travel confirmation).

Consequences of Missing Court

If you miss your scheduled court appearance without approval, the court may issue a bench warrant for your arrest, forfeit any posted bail, and add new charges for failure to appear.

Practical Tips for Changing Your Court Date

• Act quickly and file your request as soon as you know you need to change your date.
• Provide documentation, such as a doctor’s note or employer letter, to strengthen your motion.
• Have your attorney handle the process to ensure it is done properly.
• Never skip court without approval, as this can lead to a warrant and additional charges.

The Bottom Line

Both Massachusetts and New Hampshire allow you to change your court date, but only with court approval and a valid reason. If you have a scheduling conflict, illness, or emergency that prevents you from appearing, contact your criminal defense attorney immediately. Your lawyer can file the proper motion and help ensure your rights are protected while avoiding unnecessary legal consequences.