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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 Massachusetts, 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 discussions, 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 jointly request the court's approval. The decision to grant a continuance is at the discretion of the judge, who will consider factors such as the reason for the delay, the length of the requested continuance, the potential impact on the judicial process, and whether the continuance serves the interests of justice. Massachusetts courts generally encourage the efficient resolution of cases but also recognize the need for flexibility to ensure that all parties have a fair opportunity to present their case.

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Civil procedure

continuance

Individual & Family Legal Plan

Articles

Massachusetts State Code

Massachusetts State Code

Civil procedure

continuance

Articles