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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 Oregon, a continuance refers to the postponement or delay of a proceeding in both civil and criminal litigation. This can be requested 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 it is at the judge's discretion to grant or deny the request. If both parties agree to a continuance, they can submit a stipulated motion indicating their agreement, which the judge typically approves unless there are compelling reasons not to do so. The rules governing continuances are outlined in the Oregon Rules of Civil Procedure for civil cases and the Oregon Revised Statutes for criminal cases. Judges consider factors such as the need for additional time, the potential prejudice to the opposing party, the number of previous continuances, and the impact on the court's calendar before making a decision.

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Civil procedure

continuance

Individual & Family Legal Plan

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Oregon State Code

Oregon State Code

Civil procedure

continuance

Articles