Darrein continuance is a legal phrase used to describe the presentation of a new matter after the final plea has been entered into the record. In simpler terms, it signifies that once a certain stage is reached in a legal case, no additional arguments or evidence can be introduced. Any effort to do so is referred to as a darrein continuance. This term was commonly utilised in historical legal proceedings.
Darrein continuance is a term used to describe any plea of a new matter that is made after the last plea has been entered on the record. This term, which originated from the French phrase “dernier continuance” meaning “the last continuance,” was commonly used in historical legal proceedings. Each entry of a pleading that followed the initial pleading on the record was referred to as a continuance. It is also sometimes spelled as dareyne continuance. For instance, in a court case, the defendant may file a darrein continuance if they have newly discovered evidence to present after the last plea has been entered on the record. Similarly, a lawyer may file a darrein continuance if they require additional time to prepare their case following the last plea entered on the record. These examples demonstrate how darrein continuance was utilised in legal proceedings to introduce new matters or request more time for case preparation after the last plea had been entered on the record.
A darrein continuance is a legal term used to describe a request made by a party in a lawsuit to postpone the trial in order to gather additional evidence or witnesses.
To request a darrein continuance, you must file a motion with the court explaining the reasons for the request and providing supporting evidence or documentation.
Valid reasons for requesting a darrein continuance may include the unavailability of a key witness, the need for additional time to gather evidence, or the discovery of new information that could impact the case.
No, the court will evaluate the reasons provided in the motion and determine whether they are valid and sufficient to grant a darrein continuance. The court will consider factors such as the impact on the opposing party and the overall fairness of the trial process.
Yes, the opposing party has the right to object to a darrein continuance. They can argue that the reasons provided are not valid or that granting the continuance would cause undue delay or prejudice to their case.
The amount of time that can be requested in a darrein continuance varies depending on the circumstances of the case and the discretion of the court. It can range from a few days to several months.
In some cases, a darrein continuance can be granted multiple times if there are valid reasons and the court determines that it is necessary for the fair resolution of the case. However, the court may also consider the potential for undue delay and prejudice to the opposing party.
If a darrein continuance is denied, the trial will proceed as scheduled. The party requesting the continuance will need to proceed with the available evidence and witnesses.
In general, a darrein continuance is requested before the trial begins. However, in exceptional circumstances, such as the discovery of new evidence during the trial, a party may request a continuance. The court will evaluate the reasons and determine whether to grant it.
Generally, decisions regarding darrein continuances are within the discretion of the trial court and may not be appealable. However, if the court’s decision was based on an error of law or an abuse of discretion, it may be possible to seek appellate review.
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: 16th April 2024.
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