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 Nebraska, 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, including the need to locate a witness, allowing additional time for preparation, or to facilitate ongoing settlement discussions. A party to the case can request a continuance by filing a motion with the court, and it is at the judge's discretion to grant or deny the request. While the parties involved in a case may agree to a continuance, the final decision rests with the judge, who 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. Nebraska state statutes and rules of procedure provide guidance on how and when to request a continuance, and attorneys typically handle the filing and argument of such motions on behalf of their clients.