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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 South Carolina, 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 judge has the discretion to grant or deny the request based on the circumstances presented. While the parties involved in a case may agree to a continuance, the final decision still rests with the judge, who will consider factors such as the reason for the delay, the potential impact on the judicial process, and the rights of the parties involved. South Carolina courts generally aim to balance the need for a fair and timely resolution of cases with the legitimate needs of the parties for additional time when warranted.

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Civil procedure

continuance

Individual & Family Legal Plan

Articles

South-Carolina State Code

South-Carolina State Code

Civil procedure

continuance

Articles