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 Hawaii, a continuance in civil and criminal litigation is a mechanism used to postpone or delay court proceedings. This can be requested for various reasons such as needing more time to prepare for trial, continuing settlement discussions, or locating a witness. A party to the case can request a continuance by filing a motion with the court, and it is at the judge's discretion to grant or deny the request. If both parties agree to a continuance, they can submit a stipulation to the court, but the final decision still rests with the judge. The rules governing continuances are typically found in the Hawaii Rules of Civil Procedure for civil cases and the Hawaii Rules of Penal Procedure for criminal cases. These rules outline the proper procedure for requesting a continuance, including any required notices and the potential grounds for granting such a request. Judges will consider factors such as the reason for the delay, the potential impact on the judicial process, and the rights of the parties involved before making a decision.