"Requests for a continuance of a hearing shall be granted upon a showing of good cause." (See 26 N.C.A.C. 03.0018 (a); Alexander v. Wilkerson (1990) 99 N.C. App. 340, 341.)
“In determining whether good cause exists, due regard shall be given to the ability of the party requesting a continuance to proceed effectively without a continuance.” (See Holly Ridge v. Dept. of Envir (2006) 176 N.C. App. 594, 605.)
“This rule, like the civil procedure rule on continuances (N.C. R. Civ. P. 40(b)), wisely makes no attempt to enumerate them but leaves it to the judge to determine, in each case, whether good cause for a continuance has been shown." (See id.)
“In passing on the motion the trial court must pass on the grounds urged in support of it, and . . . should consider all the facts in evidence, and not act on its own mental impression or facts outside the record.” (See id.)
“The burden of showing sufficient grounds for a continuance rests with the party seeking it.” (See Pickard Roofing Co. v. Barbour (1989) 94 N.C. App. 688, 692.)
“Continuances are not favored and the party seeking a continuance has the burden of showing sufficient grounds for it.” (See Shankle v. Shankle (1976) 289 N.C. 473, 482-83.)
“Rule 40(b) provides: No continuance shall be granted except upon application to the court.” (See id.)
“A continuance may be granted only for good cause shown and upon such terms and conditions as justice may require." (See id.)
“Considering the myriad circumstances which might be urged as grounds for a continuance the Rule wisely makes no attempt to enumerate them but leaves it to the judge to determine, in each case, whether ‘good cause’ for a continuance has been shown.” (See id.)
“Further, before ruling on a motion to continue the judge should hear the evidence pro and con, consider it judicially and then rule with a view to promoting substantial justice.” (See id.)
"In passing on the motion the trial court must pass on the grounds urged in support of it, and also on the question whether the moving party has acted with diligence and in good faith.” (See id.)
“In reaching its conclusion the court should consider all the facts in evidence, and not act on its own mental impression or facts outside the record, although . . . it may take into consideration facts within its judicial knowledge.” (See id.)
“The chief to consideration be weighed in passing upon the application is whether the grant or denial of a continuance will be in furtherance of substantial justice." (See id.)
“A motion for a continuance is addressed to the sound discretion of trial judges.” (See Alexander v. Wilkerson (1990) 99 N.C. App. 340, 341.)
“Continuances are not favored and the party seeking a continuance has the burden of showing sufficient grounds for it.” (See id.)
“Discretion of the trial judge in ruling on a motion for a continuance is not unlimited, but such a ruling is not reviewable absent manifest abuse of discretion.” (See id.)
It is well settled that “no continuance shall be granted except upon application to the court.” (See In re Foreclosure of the Deed of Trust of Johnson (2012) 729 S.E.2d 128.)
It is also well settled that a “[g]rant [of] a continuance is especially warranted when nothing in the case indicates that the movant's purpose for the motion is to delay or evade trial.” (See Graham v. House (2005) 170 N.C. App. 196.)
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