6.1 Motion to Continue

A brief continuance of the eviction trial must be granted under La. C.C.P. art. 1602 if you are unable, with due diligence, to obtain evidence or witnesses material to the case.1  In addition, due process requires that a tenant have a fair opportunity to present his case.2  Thus, subpoenas for witnesses and documents must be issued immediately so that the due diligence standard for an Article 1602 peremptory continuance will be met.3  Evictions involving the repair-and-deduct defense or the abuse-of-right defense often require additional time to subpoena witnesses and documents. A motion to continue may also be granted on discretionary grounds.4

The United States Supreme Court has held that the Americans with Disabilities Act requires that courts accommodate people with disabilities.5  Federal civil rights laws require courts to grant a continuance where the tenant’s disability prevents attendance.6

• 1La. C.C.P. arts. 1602, 4831. Despite the statute, continuances in evictions are not often granted.
• 2Pernell v. Southall Realty, 416 U.S. 363, 385 (1974).
• 3Oftentimes, the tenant has trouble procuring evidence or does not respond to the advocate’s request in a timely manner.
• 4La. C.C.P. art. 1601.
• 5Tennessee v. Lane, 541 U.S. 509 (2004).
• 6Anast v. Commonwealth Apartments, 956 F. Supp. 792, 801 (N.D. Ill. 1997) (finding landlord discriminated against tenant with disabilities for reasons that included failing to postpone the eviction hearing until she was out of the hospital); In re Marriage of James M. & Christine J.C., 158 Cal. App. 4th 1261, 1265 (2008) (court erred by failing to grant continuance as ADA accommodation); Biscaro v. Stern, 181 Cal. App. 4th 702, 710 (2010) (court erred in refusing to rule on reasonable accommodation request); Blackhouse v. Doe, 24 A.3d 72, 76 (Me. 2011) (same); cf. Marks v. Tennessee, 562 F. App’x 341 (6th Cir. 2014) (finding court substantially accommodated litigant’s disabilities).