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 Minnesota, 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, engage in settlement discussions, or locate a witness. The request for a continuance can be made by one party or may be agreed upon by both parties. However, the decision to grant a 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 length of the requested continuance, the impact on the judicial schedule, and the potential prejudice to the opposing party. Minnesota state statutes and rules of court procedure outline the specific processes and requirements for requesting a continuance. It is important for parties to follow these rules closely and provide adequate justification for the request to increase the likelihood of the court granting a continuance.