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 Maine, a continuance in civil and criminal litigation is a mechanism 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 request a continuance by filing a motion with the court, and the request must typically include the reasons for the delay and demonstrate that it is not sought for purposes of undue delay. If both parties agree to a continuance, they can submit a joint motion, but the final decision to grant a continuance rests with the judge. The judge will consider factors such as the length of the delay, previous continuances, the reasons for the request, and the potential impact on the judicial process and the rights of the parties involved. Maine's court rules and statutes provide the framework for requesting and granting continuances, and the specific rules can vary depending on whether the case is civil or criminal.