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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 New Mexico, a continuance is a legal mechanism used to postpone or delay 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 reason for the delay. If both parties agree to a continuance, they can jointly submit a request to the court. However, even with mutual agreement, the final decision to grant a continuance rests with the judge, who will consider factors such as the reason for the delay, the number of previous continuances, the potential impact on the judicial calendar, and the rights of the parties involved. New Mexico state statutes and rules of procedure provide guidance on how and when a continuance can be requested and the criteria judges may use to evaluate such requests.

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Civil procedure

continuance

Individual & Family Legal Plan

Articles

New-Mexico State Code

New-Mexico State Code

Civil procedure

continuance

Articles