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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 Ohio, a continuance is a legal mechanism used to postpone court proceedings in both civil and criminal cases. The reasons for seeking a continuance can vary, including but not limited to the need for additional time to prepare for trial, the necessity to locate a witness, or to extend settlement negotiations. A party to the case can request a continuance by filing a motion with the court, and the request must typically be accompanied by a valid reason for the delay. If both parties agree to a continuance, they can jointly submit a request, but the final decision to grant a continuance rests with the judge presiding over the case. The judge will consider factors such as the reason for the delay, the number of previous continuances, the potential impact on the judicial schedule, and the potential prejudice to either party. Ohio state statutes and local court rules provide specific guidelines on how to request a continuance and under what circumstances it may be granted.

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Civil procedure

continuance

Individual & Family Legal Plan

Articles

Ohio State Code

Ohio State Code

Civil procedure

continuance

Articles