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 Missouri, a continuance is a legal mechanism used to postpone 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 can request a continuance by filing a motion with the court, and the request must typically include the reason for the delay. If both parties agree to a continuance, they can submit a joint request, but the final decision to grant a continuance rests with the judge. Missouri courts have discretion in granting continuances and will consider factors such as the necessity and reasonableness of the delay, the potential impact on the judicial process, and the rights of the parties involved. The relevant rules and procedures for continuances are outlined in the Missouri Rules of Civil Procedure for civil cases and the Missouri Rules of Criminal Procedure for criminal cases.