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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 Utah, a continuance in civil and criminal litigation is a common procedural tool used to postpone or delay court proceedings. The reasons for seeking a continuance can vary, such as needing more time to prepare for trial, attempting to locate a witness, or continuing settlement negotiations. Either party in a case can request a continuance, but it must be granted by the judge presiding over the case. The Utah Rules of Civil Procedure and the Utah Rules of Criminal Procedure provide guidance on how to request a continuance. Generally, the party requesting the continuance must demonstrate good cause, and the request is often made in writing, accompanied by a declaration or affidavit explaining the need for the delay. The opposing party may object to the continuance, and the judge will consider both sides before making a decision. If the parties mutually agree to a continuance, they must still obtain the court's approval. Judges have discretion in granting continuances and will balance the need for a fair and timely administration of justice with the parties' needs for additional time.

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Civil procedure

continuance

Individual & Family Legal Plan

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Utah State Code

Utah State Code

Civil procedure

continuance

Articles