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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 Dakota, a continuance refers to the postponement or delay of court proceedings in both civil and criminal cases. The reasons for seeking a continuance can vary, including the need to locate a witness, allowing additional time for trial preparation, or to facilitate ongoing settlement negotiations. 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. 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 length of the requested continuance, the potential impact on the judicial process, and the rights of the parties involved. South Dakota's state statutes and rules of court procedure outline the specific requirements and considerations for granting continuances.

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Civil procedure

continuance

Individual & Family Legal Plan

Articles

South-Dakota State Code

South-Dakota State Code

Civil procedure

continuance

Articles