If a courthouse closure caused you to miss a hearing, contact the court that scheduled it as soon as it reopens and confirm what happened to your case. A closure does not guarantee that your hearing was automatically reset: the court may cancel it, assign a new date, or require you to request a continuance. Procedures and deadlines depend on the court and case type.
What to do first
- Check the official closure notice and your case status. Look at the court’s official website, case portal, or other notice for instructions about hearings affected by the closure. A general government closure announcement may not establish whether a particular court is closed. Massachusetts Trial Court guidance, for example, says policies vary by court and recommends checking court announcements and contacting the specific court: Massachusetts court closures and emergency operations.
- Contact the court that scheduled the hearing. When it reopens, call the clerk or assigned department. Have the case number, parties’ names, scheduled hearing date, and courthouse ready. Ask whether the hearing was cancelled, already rescheduled, or requires a motion or other filing. Also ask how to submit any request, whether you must serve the other party, and how the replacement date will be communicated. Colorado’s emergency policy, for example, directs parties to contact the court on the first business day after a closure to reschedule; it also describes going to the clerk’s window that day as an alternative: Colorado Judicial Branch emergency closure policy.
- Follow any local deadline promptly. Do not assume that a court will contact you or that you can wait until the next scheduled appearance. A local Blaine Municipal Court rule, for example, requires non-City parties to contact the Clerk’s Office within two business days after reopening is publicly announced to reschedule hearings missed during an emergency closure; it warns that failing to do so may be deemed a failure to appear. This is a local example, not a general deadline. Check the current rule and your court’s instructions: Blaine Municipal Court local rules.
- Submit a written request if the court tells you to. Ask whether the court has a form and what filing and notice steps apply. State the case identifiers and original hearing date, explain that the courthouse closure prevented the hearing from going forward, and request a new date. Follow the court’s instructions about serving the other party or obtaining their position. Vermont Judiciary’s general continuance guidance advises explaining why you need a new date and whether the other party agrees: Vermont Judiciary: Going to Court.
- Keep records and verify the outcome. Save the closure notice, hearing notice, portal status, copies of anything you file, and notes of calls or messages. Ask how and when the court will tell the parties about a new date. Check the docket or portal afterward; contacting the clerk by itself does not confirm that a continuance was granted.
- Check immediately for any action taken in the case. Ask whether the court entered an order or took other action when the hearing did not go forward. If you find a warrant, default, or other adverse order, contact an attorney or legal aid provider promptly.
How to make a continuance request
Use the court’s own terminology—such as “continuance,” “reschedule,” or “reset”—and follow the directions for your specific case. If the clerk says a written request is needed, confirm the accepted filing methods, deadline, required form, and whether you must send a copy to other parties. Requirements for an ordinary continuance may not be the same as instructions for a hearing missed because of a closure.
For comparison, King County’s ordinary continuance instructions describe advance filing and sending a copy to the other party, and list portal filing, in-person filing, mail, or fax as options. Those instructions illustrate how a court may handle routine requests; they do not establish the procedure for a closure-related missed hearing in another court: King County Superior Court continuance instructions.
Choose only a filing method the court accepts
Courts may authorize different ways to contact or file with them. Follow the options stated by your court, and check whether the method gives you proof of receipt or requires separate notice to other parties.
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| Method | What the cited court guidance establishes | What to confirm locally |
|---|---|---|
| Phone or contact with the court | Colorado’s emergency policy directs parties to contact the court on the first business day following closure to reschedule. | Which clerk or department handles the case, office hours, and whether a written filing is also required. |
| Clerk’s window | Colorado’s policy also identifies appearing at the clerk’s window on the first open business day as an alternative. | Whether the courthouse is open to the public and whether this option applies to your court and case. |
| Portal, in-person filing, mail, or fax | King County lists these methods for ordinary continuance requests. | Whether your court accepts the method for a closure-related request, the filing deadline, and how to prove submission. |
Why checking the case record matters
Consequences depend on jurisdiction and case type. Vermont Judiciary warns that missing a hearing or trial in a criminal matter may result in a warrant; that is a jurisdiction-specific warning, not a prediction about every closure-related absence. Blaine’s local rule separately warns that missing its stated post-reopening contact window may be deemed a failure to appear. If the docket shows a warrant, default, or other adverse action, seek legal advice promptly rather than assuming a later date will resolve it.
The cited instructions do not establish a nationwide automatic-reset rule. Massachusetts says rescheduling or cancellation policies vary by court, and local closure orders or court notices control. California Rule of Court 3.1304, for example, addresses California law-and-motion hearings and illustrates that nonappearance rules are jurisdiction-specific; it does not determine what happens after a closure in another court: California Rule of Court 3.1304.
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What to ask the clerk
- Was the hearing cancelled, rescheduled, or left on the calendar?
- Has a new date been entered in the case record?
- Do I need to file a motion, form, or other request to get a new date?
- What is the deadline, and how may I file?
- Must I send a copy to the other party or obtain their agreement?
- How will the court notify me, and where can I verify the new date?
- Was any order or other action entered because the hearing did not occur?
Clerk staff can generally explain filing and calendar procedures. Questions about legal rights, warrants, defaults, or case strategy may require an attorney or legal aid provider.
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