Which statement best describes the form of the motion to continue?

Which statement best describes the form of the motion to continue?

• A. It must be in writing, but may omit grounds
• B. It must be in writing, state the grounds, and be verified by an affidavit
• C. It can be oral or written as the defense prefers
• D. It must be filed at least two weeks before trial without any verification

Answer: (B)

The form necessary for a motion to continue is that it must be in writing, it must state the grounds for the continuance, and it must be verified by an affidavit. This combination provides a clear, sworn factual basis for delaying the trial, which helps the court assess whether there is good cause. The grounds might include the unavailability of a material witness, illness, or other substantial reasons that would impede a fair proceeding, and the affidavit under oath confirms those facts. The other options don’t fit because omitting the grounds leaves the motion underdeveloped; allowing an oral motion would deprive the court of a sworn factual basis; and imposing a fixed deadline like two weeks before trial (and excluding verification) misstates the proper procedure and proper evidentiary support.

The form necessary for a motion to continue is that it must be in writing, it must state the grounds for the continuance, and it must be verified by an affidavit. This combination provides a clear, sworn factual basis for delaying the trial, which helps the court assess whether there is good cause. The grounds might include the unavailability of a material witness, illness, or other substantial reasons that would impede a fair proceeding, and the affidavit under oath confirms those facts.

The other options don’t fit because omitting the grounds leaves the motion underdeveloped; allowing an oral motion would deprive the court of a sworn factual basis; and imposing a fixed deadline like two weeks before trial (and excluding verification) misstates the proper procedure and proper evidentiary support.