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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 Colorado, 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, including but not limited to the need for additional time to prepare for trial, the unavailability of a witness, or ongoing settlement discussions. A party can request a continuance by filing a motion with the court, and the opposing party can either agree to or contest the request. The decision to grant a continuance ultimately lies with the judge, who will consider factors such as the reason for the delay, the number of previous continuances, the potential impact on the judicial schedule, and the potential prejudice to either party. Colorado Rules of Civil Procedure and Colorado Rules of Criminal Procedure provide the framework for requesting and granting continuances, and local court rules may also apply. It is important for parties to follow these rules closely when seeking a continuance to ensure that their request is considered by the court.

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Civil procedure

continuance

Individual & Family Legal Plan

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Colorado State Code

Colorado State Code

Civil procedure

continuance

Articles