continuances

Continuance, in legal terms, is a postponement or adjournment of a scheduled court proceeding or hearing to a later date. It is commonly used in civil, criminal, family, and administrative cases and may be granted upon request by a party or ordered by the court.

Grounds for a continuance include need for additional time to prepare, availability of key witnesses or evidence, ongoing settlement negotiations, changes in counsel, illness, or other emergencies. In some jurisdictions, parties may stipulate to a continuance; in others, the court must assess the request for “good cause” and consider prejudice to the other parties.

Procedure generally involves filing a motion for continuance or obtaining consent through a stipulation, with notice to the opposing party. The court may grant, deny, or impose conditions (for example, requiring a new date, waivers of certain deadlines, or expedited schedules). Courts weigh factors such as the length of the delay, reason for the request, potential prejudice, and the public interest.

Effects: A continuance typically delays deadlines, including discovery, filing deadlines, and the trial date itself. In criminal cases, a continuance can impact speedy-trial rights and may trigger excluded time under applicable rules. Repeated continuances may be restricted or subject to additional scrutiny.

Note: Rules governing continuances vary by jurisdiction and court. The basic concept remains a temporary postponement to permit preparation, negotiation, or other contingencies, with the court balancing efficiency and fairness.