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 Pennsylvania, 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, 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 supported by valid reasons. Although the parties may agree to a continuance, it is ultimately up to the judge to approve the request. 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 the opposing party. Pennsylvania state statutes and rules of procedure, such as the Pennsylvania Rules of Civil Procedure and the Pennsylvania Rules of Criminal Procedure, provide guidance on how to request a continuance and the criteria that judges may consider when deciding whether to grant one.