How long can a lawyer continue a case?
Asked by: Dr. Nya Smitham DVM | Last update: April 4, 2025Score: 4.3/5 (58 votes)
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.)
Is a continuance a good thing?
Good reasons for requesting a continuance include unforeseen personal emergencies, the need for additional time to prepare the case, the unavailability of a key witness, or obtaining new evidence that could significantly impact the outcome of the case.
Can a lawyer prolong a case?
Under subsec- tion (f), only one continuance of 15 days is allowed. Even better, California case law has held that the court has no discretion to delay the trial setting, and the defense's favorite “we won't have enough time to prepare” excuse is insufficient. (See Vi- nokur v. Superior Court (Azevedo) (1988) 198 Cal.
What are good reasons to ask for a continuance?
- 1. Not having an attorney or not having had the time to look for an attorney.
- 2. Illness of party or attorney.
- 3. Attorney having an unexpected event occur in another case that would cause them to be unable to attend.
- 4. Family emergency.
- 5.
How many times can a case be continued?
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.)
How Long Do Criminal Cases Take?
Why do lawyers delay cases?
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.
Why would a lawyer file for a continuance?
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 continuance?
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...
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.
Can I sue my lawyer for taking too long?
If you find yourself asking, “Can I sue my lawyer for taking too long?”, the answer is yes, you can sue your lawyer for taking too long if their delay constitutes legal malpractice and caused you a financial harm.
How often should a lawyer update you on your case?
While the frequency of updates may vary depending on the stage of the case, you can generally expect regular communication. This could be weekly or bi-weekly, depending on the activity and developments in your case.
Can a lawyer drop your case without telling you?
First, the attorney must give the client proper notice of the intended withdrawal as well as notices of upcoming hearing dates, etc. The attorney must also notify the court of the client's contact information so that notices can be sent directly to the client following the withdrawal.
Why do lawyers drag out 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.
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 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 many times can a prosecutor ask for a continuance?
The basic answer to your question is that there is no limit to the number of times either party (prosecution or defense) can ask for a continuance.
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 legal term for continuance?
In general. Although a continuance is the result of a court order issued by the judge in a trial or hearing, it also can come from a statute or law. The terms continuance and postponement are frequently used interchangeably.
What is a good reason for a continuance?
Common examples of reasons to request continuance include: Service of process not made upon a defendant. In civil cases, all defendants must be adequately served with legal documents. If the service of process fails, the court may grant a continuance to allow the defendant time to prepare a defense.
Why does my court case keep getting continued?
There are many reasons cases are continued. Mostly it is because one side or the other needs more time to prepare for trial. Additional time allows for negotiations, finding witnesses, and preparing exhibits.
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.
Why do lawyers take so long to settle a case?
You may wonder, 'Why is my lawyer taking so long to settle my case? ' The team may take longer when multiple parties, conflicting accounts, or extensive damage are involved to gather evidence, interview witnesses, and determine a fair settlement.
Can a lawyer be late to court?
Just as clearly, tardiness of an attorney is punishable as contempt of court.
Can lawyers turn down cases?
A statute of limitation is a law that sets a time limit for bringing a legal claim, and if your case is past the statute of limitation, the lawyer may not be able to represent you. A lawyer may also decline to take on your case because they don't have the necessary expertise to fully support your case.