How many times can a defendant ask for a continuance?
Asked by: Maye Berge | Last update: August 29, 2025Score: 4.4/5 (42 votes)
How Many Continuances Are Allowed? 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.
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 does my case keep getting continued?
Cases are often continued to allow the defense attorney more time to prepare (get discovery, review it, prepare a defense, meet with clients). Typically the defense attorney asks for that type of contiuance. Prosecutor may ask for continuance if their schedule for a trial is conflicting with suggested court dates.
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 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 ...
Motion For Continuance
Why would someone keep asking 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.
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.
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.
Why do court cases keep 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.
Why would a judge deny a motion?
When a motion is denied, it means the court has rejected the request made in the motion, finding it lacks sufficient merit or legal basis. This decision prevents the requested action or ruling from being implemented in the case.
How many times can a case be reset?
The number of times a case can be reset depends on the circumstances. For example, if a defendant has a court-appointed public defender, they can automatically reset the case three times. However, a criminal defense attorney who you hire on your own can automatically reset a case four times.
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.
What causes a case to open again?
Reopening settled cases can occur when significant new evidence comes to light that wasn't available before. Sometimes, this might mean holding other parties liable, which can aid the victim in their financial recovery. This can occur in a car accident, for example.
Why would a lawyer keep continuing a case?
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.
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 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 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.
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.
Can a case be overturned twice?
In California law, this protection is codified in Penal Code 687 PC, which states: "No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted." The double jeopardy principle protects people from being prosecuted twice for the same crime.
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.
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.
Can you deny a continuance?
The decision to grant or deny one is subject to a judge's discretion. In most cases, the judge must consider multiple factors before deciding to grant or deny a motion of continuance: The complexity of the case and the circumstances surrounding it. The requesting party's reasons for requesting continuance.
How many times can I extend my court date?
There is no magic number of times you can ask. It depends on the judge and the reason for the request. You can't keep going to court asking for a continuance for the same reason over and over again.
How many times can a hearing be reset?
Generally there is no specific number of continuances allowed by law. The granting of continuances are 'within the sound discretion of the court', and generally there is no limit to the number of continuances. So long as there is a good reason for a continuance, then a Judge can keep granting them.
Why do lawyers reset court dates?
It's a common legal strategy for minor crimes. If someone shows up to court several times in a row, just to be told to come back another time, often they eventually give up. If you finally go to court next month and the witness doesn't show, it will be hard for a prosecutor to make a case.