Continuance

Continuance is the postponement of a scheduled legal proceeding or other event to a later date, granted by a court, administrative agency, or other adjudicatory body. In everyday use, it also refers to the act or state of continuing or lasting. The term derives from Old French continuance and ultimately from Latin continuare, meaning to make continuous.

In law, a continuance is a postponement of a hearing, trial, or other proceeding. It may be requested by the prosecution, defense, or initiated by the court. Typical grounds include the need for more time to prepare a case, the unavailability of a key witness, the need to review new evidence, or to accommodate scheduling conflicts. A continuance must show good cause; many jurisdictions require the party requesting it to file a motion and may require the court to balance interests such as fairness to the defendant, the public interest, and the orderly administration of justice. In criminal cases, continuances can affect the right to a speedy trial, and some jurisdictions limit the number or duration of continuances or exclude time from the speedy-trial clock.

In civil cases, continuances commonly occur to allow additional time to respond to a complaint, conduct discovery, or coordinate with related matters. The decision rests with the judge or administrative official and can be unconditional or subject to conditions, such as counsel returning for a future date. Alternative terms include adjournment or stay, though usage varies by jurisdiction.