Understanding Continuance in a Legal Context

A common occurrence in legal proceedings is when a judge orders a continuance. This term essentially means that a case or hearing is continued to a later date or even a brief break—like taking a lunch break. But what does this mean exactly, and how does it work?

What is a Continuance?

When a judge orders a continuance, the case or hearing is extended to another date. Whether it is a trial, motion, plea, sentencing, or any other legal matter, the scheduled proceedings are rescheduled to a later date. This is not just a temporary pause, but a more permanent delay until the specified date.

Reasons for a Continuance

A continuance is ordered when the matter before the court is not going to be decided on the current date. Typically, the attorney requesting the continuance needs more time to prepare or is not ready for the proceedings. From the judge's perspective, there may be an insufficient amount of time to conclude all scheduled cases within a single day, so cases with higher priority may be given precedence.

What Does “Continuance” Mean in Law?

“Continuance” in legal terms effectively means a temporary halt to the trial or hearing, allowing it to be continued at a later time. The requesting attorney must formally ask for the continuance on record during the trial or hearing. They must provide a rationale for the request, including a proposed duration. The opposing counsel, if available, also has the opportunity to object to the continuance.

Requesting and Granting a Continuance

A continuance can be requested through a motion filed with the court, with a copy sent to the opposing counsel. The court will review the motion, and either grant or deny the continuance. If granted, the court will enter an order for continuance. It's important to note that before filing the motion, the attorney on the moving party's side must make a good faith effort to 'meet and confer' with the opposing counsel, either in person or via phone, to try to reach an agreement. If both parties agree, they can file an agreed or stipulated motion for continuance.

Legal Practice and Continuance

The legal practice often involves attorneys working cooperatively to resolve cases, which is why objections to continuances are relatively rare. These meetings typically take place at the bench or in person in front of the judge. However, some judges may not be in favor of delays and may push parties to continue with their cases immediately.

Conclusion

Understanding the concept of a continuance is crucial for anyone involved in legal proceedings. It is a measure taken to ensure that matters are heard in a way that is fair and just, giving both sides ample time to prepare. Whether it is a single day or an extended period, a continuance helps maintain the integrity of the judicial process.