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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 Arizona, a continuance in both civil and criminal litigation is a common procedural tool used to postpone or delay court proceedings. The reasons for seeking a continuance can vary, such as needing more time to prepare for trial, attempting to locate a witness, or continuing settlement negotiations. A party can request a continuance by filing a motion with the court, and the request must typically include the reason for the delay and demonstrate that it is not sought for purposes of undue delay. If both parties agree to a continuance, they can submit a stipulation to the court, but the final decision to grant a continuance rests with the judge. The judge will consider factors such as the length of the delay, previous continuances, the readiness of both parties, the complexity of the case, and the potential impact on the judicial process. Arizona's Rules of Civil Procedure and Rules of Criminal Procedure provide the framework for requesting and granting continuances, and judges have discretion to approve or deny such requests based on the circumstances of each case.

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Civil procedure

continuance

Individual & Family Legal Plan

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Arizona State Code

Arizona State Code

Civil procedure

continuance

Articles