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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 North Carolina, a continuance is a common legal procedure used to postpone court proceedings in both civil and criminal cases. The reasons for seeking a continuance can vary, including the need for additional time to prepare for trial, the unavailability of a witness, or ongoing settlement negotiations. A party can request a continuance by filing a motion with the court, and the decision to grant the continuance is at the discretion of the judge. While the parties may agree to a continuance, it is ultimately up to the judge to approve the request. North Carolina courts consider factors such as the reason for the delay, the number of previous continuances, the consent of the parties, and the potential impact on the judicial schedule and the rights of the parties involved. The specific rules and procedures for requesting a continuance can be found in the North Carolina General Statutes and the local rules of the court where the case is being heard.

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Civil procedure

continuance

Individual & Family Legal Plan

Articles

North-Carolina State Code

Civil procedure

continuance

North-Carolina State Code

Articles