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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 Florida, a continuance refers to the postponement or delay of court proceedings in both civil and criminal cases. This legal mechanism allows a party to seek additional time for various reasons, such as locating a witness, further preparing for trial, or extending settlement negotiations. To obtain a continuance, a party must typically file a motion with the court explaining the need for the delay. The opposing party can agree to or contest the motion. Ultimately, the decision to grant a continuance rests with the judge, who will consider factors such as the reason for the request, the length of the delay, the potential impact on the judicial process, and whether the continuance would cause prejudice to the opposing party. Florida courts generally aim to balance the need for a fair and timely resolution of cases with the legitimate needs of the parties for additional time.

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Civil procedure

continuance

Individual & Family Legal Plan

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Florida State Code

Florida State Code

Civil procedure

continuance

Articles