Can a motion for continuance be denied?
Asked by: Miss Viva Kunde V | Last update: November 27, 2025Score: 5/5 (36 votes)
If the case has been in litigation for some time or if a continuance has been granted before, the court may deny the request.
Can you deny a continuance?
They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation. A determination on a continuance usually comes down to whether the party seeking the continuance has acted with proper diligence in preparing their case.
Why would a judge deny a motion?
Often judges deny motions because they have not been properly filed or because they do not state a recognizable claim. You may know what you want to say, but unless you say it correctly, the Court won't know how to address the issue.
Do both parties have to agree to a continuance?
Even if the other party does not agree, you may still contact the court to request a continuance of the hearing date. With the current public health crisis, judges may be more sensitive to health concerns and more lenient in granting continuances.
Is a continuance good or bad?
A continuance is granted for good cause. More time to prepare could be good cause depending upon the circumstances. You (or your attorney) must argue how desperate you are for court orders, and/or that more preparation is not necessary based upon the circumstances.
FL:ZIMMERMAN TRIAL-MOTION FOR CONTINUANCE DENIED
What is a good reason for a continuance?
A continuance may be granted because unexpected evidence or testimony has emerged. This includes additional witnesses not named in the original indictment, or unanticipated testimony of witnesses, such as major differences of fact from deposition and trial. Minor differences in testimony do not constitute surprise.
How many continuances are allowed in court?
Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied. (The judge could also reprimand the lawyer.)
Why do lawyers file continuance?
Sometimes, you or your attorney may need more time to prepare for court, gather evidence, or consult a critical witness. That's where a continuance comes in.
How many times can the court postpone your case?
In most jurisdictions, there is no strict limit on the number of times a trial date can be postponed. However, judges generally prefer to see a valid reason for each request, and multiple requests may be granted or denied based on the judge's discretion.
Do both parties need a lawyer?
The long and the short of it is, both parties do not need a lawyer, in most cases. However, there may be a situation where lawyer(s) become mandatory, such as when waiving or altering spousal support in a prenup in California.
Can a motion be rejected?
The Court will enter an order in which the judge either grants or denies the motion.
Do judges read motions before court?
If you are referring to motions on legal issues the judge will review them in the course of the hearing or trial. If you are referring to documents to be submitted as evidence the judge may rule on their relevance and/or admissibility prior to going forward .
Can a judge reject evidence?
If you have a criminal case, you should know that the court won't just accept any evidence during your trial. The court can reject evidence from both the prosecution and defense. Below are some legal grounds that might make evidence inadmissible. Hearsay refers to out of court statements repeated in court.
How do I file an objection to a continuance?
An objection to a continuance should be clear and positive, though no particular form of words is required. Words such as “I object,” or “We want it tried,” are clear enough. Expressions such as “Well, we leave it up to the court,” or “I cannot consent,” are equivocal, and will not be taken as objections.
Why do lawyers delay cases?
It's frustrating when a legal case takes a long time to settle, but there are many reasons why your lawyer might need more time. They could be busy collecting evidence, dealing with complicated legal issues, or negotiating with the other side. Sometimes, waiting a bit longer can even result in a better outcome for you.
How do you know if your case will be dismissed?
Some signs we look for are a lack of physical evidence, gaps in the chain of custody of evidence, contradictory eyewitness accounts, or witnesses who lack credibility. If the prosecution's case is built on a shaky foundation, they often realize a dismissal or plea deal is their best option.
How do I stop a motion for continuance?
You can oppose the motion for continuance by filing a written response. Be aware, however, that the judge has discretion whether to grant the motion, meaning he can do so without a formal hearing and it is unlikely another judge would reverse his decision.
What is the strongest form of evidence against a defendant?
Direct evidence carries significant weight in a trial as it leaves little room for doubt or interpretation. It provides a strong basis for establishing the guilt of a defendant and can significantly impact the outcome of a case.
What are good reasons to ask for a continuance?
What are valid reasons for requesting a continuance? Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation.
What is a stipulation for continuance?
The stipulation MUST BE SUPPORTED by facts in the stipulation that clearly explains the reasons for requesting a continuance of the hearing and/or extension of filing deadlines, and why the the timeline for a continuance/extension is appropriate under the circumstances.
What is the legal term for continuance?
Continuances are similar to both postponements and stays of proceedings. Postponements also delay proceedings for different reasons, but postponements usually only delay until another date within the current term of the court, unlike continuances that may be extended to another term.
How long can the court postpone your case?
However, it is generally recognized that eight months is the maximum amount of time a court case can be postponed for. This is due to the Sixth Amendment to the constitution that says “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial”.
Can I get a continuance without a lawyer?
Absolutely. You would just need to draft it and explain why you need the continuance.
What is an example of continuance?
Example: In a custody hearing, the plaintiff has had no visitation with his son. The defendant wants to request a continuance of 4 weeks. A continuance of 4 weeks means that the plaintiff may not see his son for four more weeks.
What constitutes a good cause for continuance?
(2) For purposes of this section, "good cause" includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section ...