What is the law of continuance?
Asked by: Mr. Michel Schroeder Jr. | Last update: January 10, 2026Score: 5/5 (67 votes)
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.
What are good reasons to 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.
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 defendant 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.
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.
Motion For 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.
What constitutes a good cause for 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 ...
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.
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.
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 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.
Can I ask for a continuance without a lawyer?
Can I Get a Continuance Without a Lawyer? All parties in a case have the right to request continuance whether they have hired a lawyer or are ready to represent themselves in court. However, in addition to ensuring they have a valid reason, the requesting party must follow the court's proper requesting procedures.
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.
Do judges usually grant continuance?
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 do lawyers delay 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 does it mean when your court date keeps 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.
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.)
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 the legal term for 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 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 a stipulated order of continuance?
What is an SOC (Stipulated Order of Continuance)? In an SOC, the defendant enters into a contractual agreement with the prosecutor that is merely approved by the court. If the defendant follows his/her part of the bargain, the prosecution will move to dismiss the case at the end.
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 you delay a court case?
However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant's claim that their right to a speedy trial is being denied.
How to write a continuance letter for court?
Begin with a formal salutation, such as "Dear Judge [Last Name]," and introduce yourself and your case. Clearly state your reasons for requesting a continuance and provide supporting evidence. Conclude your letter by expressing your gratitude and willingness to cooperate with the court's decision.
What is a continuance without a finding?
Continuance Without a Finding (CWOF) is common in cases where the evidence supports a guilty finding. This is when the defendant acknowledges guilt for pleading purposes, but the court does not enter a guilty finding. Instead, it continues the case which will be dismissed upon completion of certain conditions.