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 Louisiana, 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, such as needing more time to prepare for trial, attempting to locate a witness, or continuing settlement negotiations. A party to the case can request a continuance by filing a motion with the court, and the judge has the discretion to grant or deny the request based on the circumstances presented. If both parties agree to a continuance, they can submit a joint motion, which the judge typically approves unless there are compelling reasons not to. The rules governing continuances are outlined in the Louisiana Code of Civil Procedure and the Louisiana Code of Criminal Procedure, and they may also be subject to local court rules. It's important to note that judges will consider factors such as the necessity and reasonableness of the request, the potential impact on the judicial process, and the rights of the parties involved when deciding whether to grant a continuance.