Why does a case keep getting continued?
Asked by: Ms. Trycia Frami III | Last update: January 28, 2026Score: 4.7/5 (2 votes)
A court case keeps getting continued (postponed) because one or both sides need more time for preparation, evidence gathering, witness location, or plea negotiations, or due to court scheduling conflicts, new evidence, attorney issues (like changing lawyers), or strategic delays, all aimed at ensuring fairness or resolving the case without trial, but judges must balance this with the right to a speedy trial.
What does it mean when a case is being continued?
Sometimes the prosecution or the defense in a criminal trial discovers that they will not be ready to present their case properly at the scheduled time. Either side can ask the court for a continuance, or the judge can order a continuance independently if they feel that it is necessary.
What does "continue" mean in a court case?
A continuance may be requested when a party needs additional time to appear on a matter or comply with a court order.
What does "continued generally" mean in court?
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
Why your court date keeps getting changed.
What are common reasons for a continuance?
Courts typically grant continuances for genuine emergencies such as:
- Serious illness of parties, key witnesses, or attorneys.
- Family emergencies requiring immediate attention.
- Natural disasters or other force majeure events.
- Death of a party or essential witness.
- Hospitalization that prevents participation in proceedings.
Is a continuance a good thing?
A continuance (postponement) isn't inherently good or bad; it's a strategic tool in the legal system that can benefit a case by allowing more time for preparation, evidence gathering, or settlement talks, potentially leading to a better outcome, but it can also increase costs and stress, and judges only grant them for "good cause," balancing fairness with efficiency. For defendants not in jail, it's often advantageous as it provides crucial preparation time, but for those incarcerated, it prolongs detention.
Can a continuance be appealed?
No, the granting of a continuance is not an appealable event and, practically speaking, your appeal will not be heard until well after the date that the matter is ultimately heard so, even if you could appeal, you wouldn't want to becasue that would just delay the proceedings even more.
What happens at a continuance hearing?
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 does continuance mean in court terms?
In a typical contingency fee agreement, the plaintiff is only responsible for paying their attorney if they win the case, with the payment coming as a percentage of the winnings. The reason that contingency fees are used so often is related to the cost of pursuing a trial.
What is a case in continuance?
A continuance is a request in a criminal case to reschedule a court date. The date can be for either: a hearing, or. a criminal trial.
What does it mean when a case is continued 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.
Why do prosecutors ask for continuance?
Lawyers and clients frequently want continuances to prepare their cases, but they don't always get them. If the prosecution or defense needs extra time to prepare for a hearing or trial in a criminal case, they can ask the judge for a continuance.
Why do lawyers prolong cases?
Your lawyer may be taking longer to settle your case because they're prioritizing gathering robust evidence to strengthen your claim. While it may feel like a delay, this step is crucial for a successful settlement.
How many times can you get a continuance?
Most courts don't establish specific statutory limits on continuance requests. Instead, judges exercise broad discretion when deciding whether to grant or deny your requests.
Why does court keep getting postponed?
Common causes include: Backlogged court dockets (especially post-COVID) Missing lab results or evidence. Prosecutors not ready for trial.
What does it mean when a case is continued?
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.
How to avoid a court date?
Be honest and specific. If you have a medical emergency or a family emergency, the clerk may be more likely to reschedule your court date. If you have a valid reason for missing your court date, such as a medical emergency or a work conflict, be prepared to provide documentation to the court.
What does it mean to be in continuance?
"Being in continuance" means the state of something continuing, lasting, or enduring, but it most commonly refers in legal contexts to the postponement of a court case to a later date, a "continuance". In general usage, it means the act of continuing or the duration of an action, like "the continuance of a policy" or "the continuance of his reign".
Which lawyer wins most cases?
There's no single lawyer universally recognized for the most cases won, as records are hard to track and definitions vary, but Gerry Spence is famous for never losing a criminal case and a long civil win streak (until 2010), while Guyanese lawyer Sir Lionel Luckhoo holds a Guinness World Record for 245 successive murder acquittals, making them top contenders for different aspects of "most wins".
What is the stupidest court case?
We all know the most famous frivolous lawsuit story. Stella Liebeck sued McDonald's back in 1992 when she spilled hot coffee on herself. "But coffee is meant to be hot" we all cry. Dig a little deeper into the case however and it starts to look less frivolous.
What percentage of cases never go to court?
Call Us To Schedule A Free Consultation. Plea agreements are by far the most common way a criminal case is resolved — in fact, statistics show that 90-95% of criminal cases are resolved this way (by agreement).
What color do judges like to see in court?
Judges generally prefer neutral, conservative colors like navy, gray, black, and white, as these convey seriousness, respect, and professionalism, avoiding distractions in a formal court setting; bright colors, bold patterns, and overly casual attire should be avoided to show you're taking the proceedings seriously. While some suggest lighter, muted tones (like light blue) might leave a favorable impression, the key is sobriety and fitting in, not standing out.