What is the difference between motion for extension and continuance?
Asked by: Melyssa Treutel IV | Last update: October 29, 2025Score: 5/5 (38 votes)
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 definition of motion for 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 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.
What is a motion for extension?
by Practical Law Litigation. Maintained • USA (National/Federal) A sample motion for counsel to use if the court requires a written motion when seeking to extend a pretrial deadline in civil litigation in federal district court.
Is a continuance in court a good thing?
A continuance is granted for good cause. More time to prepare could be good cause depending upon the circumstances. You (or your attorney) must argue how desperate you are for court orders, and/or that more preparation is not necessary based upon the circumstances.
Motion For Continuance
Is a continuance the same as an extension?
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 a good reason 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 motion is extension?
Extension refers to a movement that increases the angle between two body parts. Extension at the elbow is increasing the angle between the ulna and the humerus. Extension of the knee straightens the lower limb.
How many times can you file a motion for continuance?
It depends on the court, but the judge will usually grant a continuance at your first court date with no questions asked. By the second court date, the judge may be reluctant to grant another continuance but he probably will do it. Don't expect another continuance after the first two.
How do I ask the judge for an extension?
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.
What does it mean when a continuance is granted?
Learn more about our history and our editorial standards. Learn more about our editorial standards. A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.
What are the 4 types of postponement?
Zinn et al. (1988) describe different types of postponement that could be executed in the supply chain and this includes labeling, packaging, assembly, manufacturing (from postponement) and time postponement.
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.
Can I get a continuance without a lawyer?
Absolutely. You would just need to draft it and explain why you need the continuance.
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.
What does on continuance mean?
: the act of continuing. 2. : the extent of continuing : duration. 3. : postponement of a case in a law court.
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.
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.
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.
What is an example of extension?
Examples of Extension
Push-ups – extension at the elbow. Squat – extension at the ankles, knees, and hips while moving up. Leg extension – extension at the knee. Hyperextensions – extension at the hips.
What is extension range of motion?
Range of motion is a composite parameter. It is made up of extension (the ability to straighten your leg) and flexion, the ability to bend your leg. When we put the two together we get your range of motion. Ideally, this should be from 0º extension (completely straight leg) to 130º, a fully flexed leg.
What is extension action?
An action is what happens when a user clicks the toolbar icon, usually called the action icon for your extension. An action invokes an extension feature using the Action API or opens a popup. This page shows how to invoke an extension feature.
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.
Why would someone keep asking 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 a motion of continuance?
A PC 1050 motion for a continuance in a criminal case is asking the judge to postpone the hearing. In other words, this statute lays out the procedures for filing a continuance. A 1050 motion to continue is a request in a criminal case to postpone a court date. The date could be for a pretrial matter or a trial.