Select your state

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 New Jersey, a continuance in civil and criminal litigation is a request to postpone or delay court proceedings. This can be sought for various reasons such as needing more time to prepare for trial, continuing settlement discussions, or locating a witness. A party to the case can request a continuance by filing a motion with the court, and the judge has the discretion to grant or deny the request based on the circumstances presented. If both parties agree to a continuance, they can submit a joint request, but it still requires the judge's approval. The rules governing continuances are typically found in the New Jersey Court Rules, and judges will consider factors such as the reason for the delay, previous continuances, the impact on the judicial schedule, and the potential prejudice to the opposing party when making their decision.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

continuance

Individual & Family Legal Plan

Articles

New-Jersey State Code

New-Jersey State Code

Civil procedure

continuance

Articles