What does it mean when your court date keeps getting pushed back?
Asked by: Tara Schroeder MD | Last update: June 25, 2025Score: 4.9/5 (31 votes)
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 court date get pushed back?
If you have an agreement to postpone, the judge is more likely (though not guaranteed) to go along with it. Some strong reasons for postponing might be a medical emergency, illness, order to appear in another court at the same time -- generally things that are out of your control.
Why do they keep resetting my court date?
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.
Why do court cases get delayed?
The wheels of justice turn slowly, and for some cases, they seem to grind to a complete halt. The reasons for this can be myriad: overworked judges, crowded court dockets, and complex legal issues can all contribute to delays. But sometimes, it's the sheer weight of the evidence that causes a case to drag on for years.
What are the three reasons that delay is seen as a problem for the courts?
The chief reasons are that: (1) there is a long line of cases that need to be tried or resolved; (2) only some cases get to cut to the front of the line; (3) defense attorneys often have heavy caseloads, and need time to prepare their cases; and (4) in many instances, defense attorneys believe that it is in their ...
Why your court date keeps getting changed.
Is a continuance good or bad?
Because continuances delay the resolution of a case, judges typically frown upon them. It's usually only when the defendant's rights might otherwise be violated that a court will grant a continuance request.
Why do they keep continuing my court date?
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.
Why are court hearings postponed?
A postponement is a delay. When an attorney asks for a postponement of a trial they are asking the court to not start the trial on the scheduled date. This can be asked because of a conflict in the attorney's court scheduling for other cases; it could be they need more to to prepare or it could be a stalling tactic .
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.
What does it mean when a case is postponed?
n. a postponement of a date of a trial, hearing or other court appearance to a later fixed date by order of the court, or upon a stipulation (legal agreement) by the attorneys and approved by the court or (where local rules permit) by the clerk of the court.
What happens when your court date is cancelled?
The case will normally be rescheduled. There are many reasons for canceling a court date. Just some of them: A power failure at the courthouse.
How many continuances are allowed in court?
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 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”.
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 do you know if your court case has been dropped?
How Will I Know If My Case Has Been Dropped? If your case has been rejected, you might get a letter from the prosecutor's office letting you know that no charges have been filed or you might find out your case has been dropped at your first court date. But a dropped case doesn't necessarily stay dropped forever.
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.
What does postpone in court mean?
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 do court delays happen?
The court has a large amount of discretion in scheduling matters and given the limited resources of our judicial system, it is not surprising that delays happen. Also contributing to the traffic jams in our courts are the sheer number of cases and the shortage of judges.
Why would a court date be moved up?
Maybe there have been transfers of cases from that court to other courts, creating an earlier setting slot for your case. It could just have been done out of a desire to move cases along more quickly.
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 would a court issue a stay?
The primary purpose of a stay is to preserve the status quo between the parties, keeping the issue ripe for the courts so they can adjudicate it. The stay ensures that any decision rendered by the appellate court will actually affect the present one.
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.
What is the difference between a postponement and a 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.
Why do lawyers delay cases?
Delaying the trial can serve many purposes. If the delay is based on proper reasons, it may allow the defense and the government to adequately prepare for the trial. For example, both sides can have ample time to gather and review evidence in the case.