The postponement of a hearing, trial or other scheduled court proceeding, at the request of one or both parties, or by the judge without consulting them. Unhappiness with long trial court delays has resulted in the adoption by most states of “fast track” rules that sharply limit the ability of judges to grant continuances.
- The action of continuing.
- An order issued by a court granting a postponement of a legal proceeding for a set period.
n. a postponement of a date of a trial, hearing, or other court appearance to a later fixed date by order of the court, or upon a stipulation (legal agreement) by the attorneys and approved by the court or (where local rules permit) by the clerk of the court. In general, courts frown on too many continuances and will not allow them unless there is a legitimate reason. Some states demand payment of fees for continuances to discourage delays.
A continuance is a legal term that refers to the postponement of a scheduled court hearing or trial to a later date. A judge may grant it for a variety of reasons, including the absence of a crucial witness, the need for additional time to gather evidence, or the illness of one of the parties. If there is a good reason for the delay, the court or one of the parties may ask for a continuance.
A continuance is a request to postpone a scheduled court hearing or trial to a later date.
You can request a continuance by filing a motion with the court and providing a valid reason for the request, such as a scheduling conflict or the need for additional time to prepare.
Valid reasons for requesting a continuance may include illness, family emergencies, scheduling conflicts, or the need for additional time to prepare a case.
Yes, the other party can object to a continuance request, and the court will consider both parties’ arguments before making a decision.
The court will consider the reasons for the request, the impact on both parties, and the overall interests of justice before deciding whether to grant a continuance.
Yes, you can request a continuance for a criminal trial, but the court will consider the potential impact on the defendant’s right to a speedy trial.
If your continuance request is denied, you may need to proceed with the scheduled hearing or trial as planned.
Yes, you can request a continuance for a civil case, but the court will consider the potential impact on both parties’ rights to a fair and timely resolution.
You can avoid the need for a continuance by carefully planning and preparing for court hearings and trials, communicating effectively with the other party, and addressing any scheduling conflicts in advance.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 8th April, 2024.
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