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Civil procedure

continuance

A continuance is a procedure in civil and criminal litigation for postponing or delaying current or upcoming proceedings—often to locate a witness, or give the parties additional time to prepare for trial, or continue settlement discussions. A party may request the court grant a continuance, or the parties may agree to a continuance, which the judge generally must approve.

In Alabama, a continuance refers to the postponement or delay of court proceedings in both civil and criminal cases. The reasons for seeking a continuance can vary, including but not limited to the need to locate a witness, allowing additional time for trial preparation, or to facilitate ongoing settlement negotiations. A party to the case can request a continuance by filing a motion with the court, and the request must typically be supported by valid reasons. While the parties involved in a case may agree to a continuance, the decision to grant it ultimately lies with the judge presiding over the matter. The judge will consider factors such as the reason for the delay, the potential impact on the judicial process, and whether the continuance serves the interests of justice. Alabama's Rules of Civil Procedure and Rules of Criminal Procedure provide guidance on how and when a continuance can be requested and the standards that judges may apply when deciding whether to grant the request.

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Civil procedure

continuance

Individual & Family Legal Plan

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Alabama State Code

Alabama State Code

Civil procedure

continuance

Articles