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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 Idaho, a continuance refers to the postponement or delay of proceedings in both civil and criminal litigation. Parties may request a continuance for various reasons, such as needing more time to prepare for trial, attempting to locate a witness, or continuing settlement negotiations. The request for a continuance can be made by one party and must typically be submitted in the form of a motion. Alternatively, both parties may agree to a continuance, but in either scenario, the decision to grant the continuance is at the discretion of the judge presiding over the case. The judge 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. Idaho Rules of Civil Procedure and Idaho Criminal Rules provide guidance on how and when to request a continuance, and the specific requirements may vary depending on the court and the nature of the case.

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Civil procedure

continuance

Individual & Family Legal Plan

Articles

Idaho State Code

Idaho State Code

Civil procedure

continuance

Articles