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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 Tennessee, 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 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 rests with the judge, who will consider factors such as the necessity and reasonableness of the delay, potential prejudice to the opposing party, and the impact on the court's schedule. Tennessee state statutes and rules of procedure provide guidance on how and when to request a continuance, and judges will typically follow these rules in making their determination.

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Civil procedure

continuance

Individual & Family Legal Plan

Articles

Tennessee State Code

Tennessee State Code

Civil procedure

continuance

Articles