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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 York, a continuance in civil and criminal litigation is a delay or postponement of proceedings in a case. This can be requested for various reasons, such as needing more time to prepare, waiting for the availability of a witness, or continuing settlement negotiations. 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. If both parties agree to a continuance, they can submit a joint request, but it still requires the judge's approval. The decision to grant a continuance takes into account factors such as the length of the delay, the reasons for the request, the potential impact on the judicial process, and the rights of the parties involved. New York courts aim to balance the need for a fair and timely resolution of cases with the legitimate needs of the parties for additional time.

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Civil procedure

continuance

Individual & Family Legal Plan

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New-York State Code

New-York State Code

Civil procedure

continuance

Articles