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 Wisconsin, a continuance refers to the postponement or delay of court proceedings in both civil and criminal cases. Parties may request a continuance for various reasons, such as needing more time to prepare, waiting for the availability of a witness, or continuing settlement negotiations. The request for a continuance can be made by a single party or may be agreed upon by all parties involved. However, the decision to grant a continuance ultimately lies with the judge presiding over the case. The judge will consider factors such as the reason for the delay, the length of the requested continuance, the potential impact on the judicial process, and whether the continuance would serve the interests of justice. Wisconsin state statutes and court rules provide guidance on how and when to request a continuance, and judges have discretion to approve or deny such requests based on the circumstances of each individual case.