Why do lawyers file continuance?
Asked by: Heber Conn | Last update: August 11, 2025Score: 4.9/5 (11 votes)
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.
Why would a lawyer ask for a continuance?
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.
What is a good cause for continuance?
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...
Why do lawyers delay cases?
Lawyers take time to settle a case for countless reasons. Firstly, the criminal method entails thorough investigation, file review, and negotiation, which can be time-consuming. Secondly, courtroom schedules and the backlog of instances can lead to delays.
What does it mean when someone files a continuance?
In legal terms, a change in a hearing date to a date in the future is called a “continuance” of the hearing. If the parties to a case are in agreement, it is more likely that the court will agree to change the hearing date.
Motion For Continuance
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.
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.
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.
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 long can a lawyer postpone a case?
There is no strict rule on how long a court case can be postponed for.
Can a continuance be denied?
A judge may deny a continuance when: the new evidence is reasonably related to evidence the defendant already knows about. the defendant has enough time without the continuance to prepare for the new evidence.
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.
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 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.
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 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.
How do you know a bad lawyer?
Any behavior that compromises professionalism, such as rudeness, tardiness, or lack of respect for client confidentiality, should raise concerns about the lawyer's competence. Additionally, ethical misconduct or disciplinary actions by regulatory authorities may indicate a lack of integrity and competence.
Can a lawyer drop your case without telling you?
First, the attorney must give the client proper notice of the intended withdrawal as well as notices of upcoming hearing dates, etc. The attorney must also notify the court of the client's contact information so that notices can be sent directly to the client following the withdrawal.
How do you know if your lawyer is selling you out?
- They Regularly Miss Deadlines and Appointments. ...
- They Show a Lack of Interest in Your Case. ...
- They Are Pushing You Too Quickly or Forcefully to Settle. ...
- They Fail to Return or Answer Your Calls. ...
- They're not Transparent in Billing and Payment Practices.
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.
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.
Why does the attorney keep resetting the court date?
Prosecuting attorneys also have the right to reset a case, and they often do so to gather more evidence against the defendant. These resets can happen directly with the court administrator. After the automatic resets run out, a defense lawyer must speak with a judge and obtain their permission.
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.)
What does notice of continuance mean?
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 should you do with the further action notice?
Review the Further Action Notice with the employee in private and instruct the employee to confirm whether the information listed at the top is correct. If you determine that you entered information incorrectly, select the statement indicating the information was not correct, then click Close Case.