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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 Vermont, a continuance in civil and criminal litigation is a mechanism used to postpone or delay court proceedings. This can be requested for various reasons such as needing more time to prepare for trial, continuing settlement negotiations, or locating a witness. A party to the case can request a continuance by filing a motion with the court, and the request must typically include the reasons for the delay and demonstrate that it is not sought for purposes of undue delay. If both parties agree to a continuance, they can submit a joint motion, but the final decision to grant a continuance rests with the judge. Vermont's court rules and the discretion of the presiding judge guide the granting of continuances. Judges will consider factors such as the length of the delay, previous continuances, the readiness of both parties, and the potential impact on the judicial process. The Vermont Rules of Civil Procedure and the Vermont Rules of Criminal Procedure provide the framework for requesting and granting continuances in their respective types of cases.

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Civil procedure

continuance

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Vermont State Code

Vermont State Code

Civil procedure

continuance

Articles