Do both parties have to agree to a continuance?
Asked by: Leila Bernhard DDS | Last update: April 26, 2025Score: 4.2/5 (32 votes)
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.
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 do lawyers ask for continuance?
A continuance may give you the time needed to secure your testimony. For example, consider you're charged with a serious crime, but a critical expert witness is unexpectedly unavailable. If that expert's testimony is essential to your defense, your attorney may request a continuance to ensure they can testify later.
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.
How many times can a continuance be granted?
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 Motion for Continuance? | Houston Family Lawyer
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 ...
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 do I object 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.
What is the Law of good continuance?
The Law of Good Continuation means that figures with edges that are smooth are more likely seen as continuous than edges that have abrupt or sharp angles.
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 you call the court for a continuance?
If the parties to a case are in agreement, it is more likely that the court will agree to change the hearing date. Even if the other party does not agree, you may still contact the court to request a continuance of the hearing date.
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.
What are two reasons for granting a trial continuance?
- Absence of witness or evidence.
- Absence or incapacity of counsel.
- Absence of party.
- Surprise.
- Other grounds.
What is a stipulated order of continuance?
What is an SOC (Stipulated Order of Continuance)? In an SOC, the defendant enters into a contractual agreement with the prosecutor that is merely approved by the court. If the defendant follows his/her part of the bargain, the prosecution will move to dismiss the case at the end.
Is a continuance the same as an adjournment?
This delay, known as a continuance, is equivalent to an adjournment or postponement in legal terms.
What is the rule of continuity?
In calculus, a function is continuous at x = a if - and only if - all three of the following conditions are met: The function is defined at x = a; that is, f(a) equals a real number. The limit of the function as x approaches a exists. The limit of the function as x approaches a is equal to the function value at x = a.
What is the continuation principle?
The Gestalt law of continuity—or continuation—refers to how the human mind naturally organizes visual elements into continuous and uninterrupted lines or patterns. It is a fundamental concept in visual perception and design.
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.
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.
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.
How do I write a letter requesting a continuance?
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.
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 stipulation of the parties?
In litigation , a stipulation generally means an agreement between opposing parties concerning a relevant point. Furthermore, in a judicial proceeding , a stipulation is binding without consideration . In admiralty practice, we can define stipulation as a recognizance like a bail for the appearance of a defendant .
Why do court cases keep getting continued?
Attorneys often request continuances because their work on other cases has prevented them from devoting the necessary time to the case at hand. Courts usually allow some leeway in these situations, especially for court-appointed defense attorneys. Time for the defense.