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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 Illinois, a continuance in civil and criminal litigation is a common procedural tool 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 negotiations, or locating a witness. A party to the case can file a motion requesting the court to grant a continuance. Alternatively, if both parties agree to a continuance, they can present this agreement to the court. However, it is ultimately up to the judge to approve any continuance, whether requested by one party or agreed upon by both. The judge will consider factors such as the reason for the delay, the number of previous continuances, the potential impact on the judicial schedule, and the rights of the parties involved before making a decision. Illinois courts aim to balance the need for a fair trial with the efficient administration of justice.

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Civil procedure

continuance

Individual & Family Legal Plan

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Illinois State Code

Illinois State Code

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Civil procedure

continuance