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 Iowa, a continuance refers to the postponement or delay of court proceedings in both civil and criminal cases. 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 negotiations. A party to the litigation may request a continuance by filing a motion with the court, and the request must typically be supported by valid reasons. Although the parties may agree to a continuance, the decision to grant it ultimately lies with the judge, who will consider factors such as the necessity and reasonableness of the delay, the potential impact on the judicial process, and the rights of the parties involved. The relevant rules and procedures for requesting a continuance are outlined in the Iowa Rules of Civil Procedure for civil cases and the Iowa Rules of Criminal Procedure for criminal cases.