What is the difference between a postponement and a continuance?
Asked by: Al Reichel | Last update: December 24, 2025Score: 5/5 (64 votes)
Continuances are similar to both postponements and
What does it mean when a court case is postponed?
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 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.
What is an extension vs continuance?
In CRD cases, an extension of time refers to resetting the date on which a submission is due; a continuance refers to resetting the date or time on which an event, such as a hearing or a prehearing conference, is to take place; and a stay (of proceedings) refers to the suspension of all due dates for submissions or ...
What is the meaning of continuance?
1. : the act of continuing. 2. : the extent of continuing : duration.
3 Big Mistakes to Avoid When You Have to Go In Front of a Judge | Washington State Attorney
Why would someone ask for a continuance?
A continuance may be granted because unexpected evidence or testimony has emerged. This includes additional witnesses not named in the original indictment, or unanticipated testimony of witnesses, such as major differences of fact from deposition and trial. Minor differences in testimony do not constitute surprise.
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.
Is a continuance a good thing?
Is a continuance a good thing? A continuance can be beneficial if it allows for a more prepared and fair presentation of a case.
How many times can an attorney ask for a continuance?
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.)
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.
When you receive a case in continuance?
A Case in Continuance status indicates that the employee has contacted DHS and/or visited an SSA field office, but more time is needed to determine a final case result. The reason DHS or SSA needs more time varies with each situation. Employers should check E-Verify periodically for case result updates.
Why do prosecutors drag out 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.
What is the synonym of continuance?
uninterrupted or lasting existence the continuance of hunger in the world despite some valiant efforts to solve the problem. continuation. continuity. persistence. continuousness.
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 is the legal term for postponement?
Continuance: The adjournment or postponement of a court case to another day. Continuance Date: Date on which the case will next be heard in court.
How many times can a judge postpone a trial?
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 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 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 does it mean when a lawyer asks for a continuance?
A continuance is when the court grants a request to delay a hearing, trial, or other legal proceedings until a later date. It can be requested by either the defense or prosecution and, in some cases, even by the judge.
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.
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 use delay tactics?
One common defense tactic in litigation is delay. This is particularly true in insurance coverage and bad-faith litigation. The longer an insurer holds on to the benefits, the more money it makes. The delay tactics start the moment the suit is filed.
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.
Can you deny a continuance?
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 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.