How many continuances can you ask for in court?
Asked by: Mr. Okey Goodwin DVM | Last update: November 7, 2025Score: 4.9/5 (71 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.)
How many times can a lawyer 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 are there so many continuances in court?
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 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.
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.
Motion For Continuance
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 ...
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.
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 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 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 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.
How to request more time in court?
Generally, for extension requests, most judges require both parties to “confer” (communicate with one another) and try to obtain the other party's consent for extra time. If the other party does not give their consent, you can still move forward with filing your request.
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.
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 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.
How many times can you motion for continuance?
There are no specific rules and it totally depends on the Judge and the reasons for a continuance. It is all up to the individual judge.
How long can you delay a court case?
However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant's claim that their right to a speedy trial is being denied.
Why does my 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.
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.
Why do lawyers push court dates back?
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.
Do some lawyers never go to court?
Lawyers and attorneys who do not go to court tend to represent their clients mostly in private forums. They too are bound to zealously represent their clients within ethical bounds.
How do you 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 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.
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.