What does a continuance mean in a court case?
Asked by: Allison Gleason | Last update: November 21, 2025Score: 4.4/5 (69 votes)
A continuance simply means that the case will be continued on another date set by the court. 15. What is a status date? A status date means a future date on which the parties will again appear in court to tell the judge what is happening with the case.
Is continuance a good thing?
A continuance can provide many advantages if used appropriately: Time to Build a Strong Defense: More time can allow your lawyer to gather additional evidence, secure vital witnesses, or consult with experts that will strengthen your defense.
What is the purpose of a continuance?
A “motion for a continuance” is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date.
Why would someone 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.
Do both parties have to agree to a continuance?
You do not have to agree to the continuance. However, if this is the first request for a continuance the court will probably grant it. If the opposing party keeps asking for more continuances, at some point the court will get frustrated and say no.
What Does Continuance Mean In A Court Case? - CountyOffice.org
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.
Can a continuance be denied?
Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant's rights. They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation.
What does case in continuance mean?
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.)
Why do lawyers keep continuing cases?
Lawyers may extend the duration of a case for strategic reasons, such as needing more time to gather evidence, waiting for the availability of key witnesses, or negotiating settlements.
What is an example of continuance?
Example: In a custody hearing, the plaintiff has had no visitation with his son. The defendant wants to request a continuance of 4 weeks. A continuance of 4 weeks means that the plaintiff may not see his son for four more weeks.
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.
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 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 does it mean when a lawyer files a continuance?
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 do I stop a motion for continuance?
You can oppose the motion for continuance by filing a written response. Be aware, however, that the judge has discretion whether to grant the motion, meaning he can do so without a formal hearing and it is unlikely another judge would reverse his decision.
Why would a judge postpone a hearing?
A hearing may be postponed by the Judge on the Judge's own initiative or for good cause shown upon the motion of a party. A motion for postponement shall state the position of the other parties, either by a joint motion or by a representation of the moving party.
Why does my court case 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.
When you receive a case result of case in continuance, can you terminate?
When you receive a case result of Case in Continuance, you can terminate the employee because DHS and / or SSA needs additional time to review the employee ' s case.
What does on continuance mean?
: the act of continuing. 2. : the extent of continuing : duration. 3. : postponement of a case in a law court.
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 many times can a felony case be reset?
Resetting a Felony Case
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.
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”.