Can you deny a continuance?
Asked by: Leon Daugherty | Last update: January 24, 2026Score: 5/5 (47 votes)
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.
Can a continuance be denied?
A judge may deny a continuance when: the new evidence is reasonably related to evidence the defendant already knows about. the defendant has enough time without the continuance to prepare for the new evidence.
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.
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 ask for a continuance?
Factors Considered When Requesting a Continuance
Reason for Request: Personal emergencies, inability to obtain essential evidence, or lack of legal representation are common reasons. Impact on Parties: The court will evaluate how rescheduling affects both parties involved.
Motion For Continuance
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 times can you ask for a continuance?
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.)
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.
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.
Can I ask for a continuance without a lawyer?
Can I Get a Continuance Without a Lawyer? All parties in a case have the right to request continuance whether they have hired a lawyer or are ready to represent themselves in court. However, in addition to ensuring they have a valid reason, the requesting party must follow the court's proper requesting procedures.
What is the law of continuance?
A continuance may be requested when a party needs additional time to appear on a matter or comply with a court order. The prosecution, the defense or the judge may continue a hearing.
What does it mean when your court date keeps getting pushed back?
Other times, each side might have requested a delay for its own reasons at various times - for example, an attorney might need time to gather more evidence, or a witness might not be available for trial on that date, or there might be a scheduling conflict.
How to write a continuance letter for court?
Begin with a formal salutation, such as "Dear Judge [Last Name]," and introduce yourself and your case. Clearly state your reasons for requesting a continuance and provide supporting evidence. Conclude your letter by expressing your gratitude and willingness to cooperate with the court's decision.
Why do prosecutors drag out cases?
Delaying the trial can serve many purposes. If the delay is based on proper reasons, it may allow the defense and the government to adequately prepare for the trial. For example, both sides can have ample time to gather and review evidence in the case.
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.
What does it mean when a continuance is granted?
Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.
Can a motion for continuance be denied?
In a Nutshell: A judge may deny a Motion to Continue filed by the prosecution, even if it foreseeably means a motion to suppress may be granted, resulting in dismissal of the case.
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.
Why does my case keep getting continued?
Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.
What is a good cause for a 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 ...
How do you object to a continuance?
The objection would need to be in writing and in response, to their motion for a continuance. You want to not only share why you object to it and oppose it and why it should not be granted and how doing so is prejudical, but you can also respond to their reason if it has no merit or basis.
How many times can a defendant ask for a continuance?
If the defense is asking for continuances, he would be expected to provide the judge with a good reason for it Without a good reason, the judge won't grant it. With a valid reason, one side or the other can almost always get a continuance. There's no set amount of continuances that can be obtained.
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 long can an arraignment be postponed?
If the defendant has already been arrested and is in jail, then the arraignment must happen within 48 to 72 hours. If not, it can take anywhere from a few days to weeks, which could violate the defendant's constitutional rights. In general, these steps are what you can expect at an arraignment in the US.
How many times can a deposition be rescheduled?
Generally, a judge will allow at least two or three adjournments before demanding the depositions go forward. Another reason a deposition may get adjourned would be to gather the necessary medical records for the deposition.