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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 Delaware, a continuance in 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 the need to locate a witness, allowing additional time for trial preparation, or to facilitate ongoing settlement discussions. A party to the case can request a continuance by filing a motion with the court, and the request must typically include the reasons for the delay and demonstrate that the continuance is necessary. 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 potential impact on the judicial process, the reasons for the delay, and the potential prejudice to the opposing party. Delaware courts aim to balance the need for a fair and timely resolution of cases with the legitimate needs of the parties for additional time when warranted.

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Civil procedure

continuance

Individual & Family Legal Plan

Articles

Delaware State Code

Delaware State Code

Civil procedure

continuance

Articles