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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 West Virginia, a continuance is a legal mechanism used to postpone or delay court proceedings in both civil and criminal cases. The reasons for seeking a continuance can vary, including but not limited to the need for additional time to prepare for trial, the necessity to locate a witness, or to facilitate ongoing settlement negotiations. A party to the case can request a continuance by filing a motion with the court, and the request must typically be supported by valid reasons. While the parties involved in a case can agree to a continuance, the final decision to grant the postponement rests with the judge presiding over the matter. The judge will consider factors such as the reason for the delay, the potential impact on the judicial process, and the rights of both parties before making a decision. West Virginia's Rules of Civil Procedure and Rules of Criminal Procedure provide the framework for requesting and granting continuances, ensuring that the process is handled fairly and consistently across the state's judicial system.

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Civil procedure

continuance

Individual & Family Legal Plan

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West-Virginia State Code

West-Virginia State Code

Civil procedure

continuance

Articles