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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 Montana, 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 request must typically include the reasons for the delay and demonstrate that the continuance is necessary. If both parties agree to a continuance, they can jointly submit a stipulation to the court, but the final decision to grant a continuance rests with the judge. The judge will consider factors such as the need for additional time, the potential impact on the judicial schedule, and the rights of the parties involved before making a decision. Montana's rules of civil and criminal procedure provide guidance on how to request a continuance and the criteria judges may consider when deciding whether to grant one.

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Civil procedure

continuance

Individual & Family Legal Plan

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Montana State Code

Montana State Code

Civil procedure

continuance

Articles