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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 California, a continuance is a common legal procedure used to postpone court proceedings in both civil and criminal cases. The reasons for seeking a continuance can vary, including the need for additional time to prepare for trial, the unavailability of a witness, or ongoing settlement negotiations. A party 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 can agree to a continuance, the final decision to grant the postponement rests with the judge, who will consider factors such as the necessity and the potential impact on the judicial process. California courts generally aim to balance the need for a fair and timely administration of justice with the parties' needs for adequate preparation time. The specific rules and procedures for requesting a continuance are outlined in the California Rules of Court and relevant state statutes.

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Civil procedure

continuance

Individual & Family Legal Plan

Articles

California State Code

California State Code

Articles

Civil procedure

continuance