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 Georgia, 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, but common grounds include the need for additional time to prepare for trial, the unavailability of a key witness, or ongoing settlement negotiations. A party can request a continuance by filing a motion with the court, and the decision to grant the continuance is at the discretion of the judge. While the parties involved in a case may agree to a continuance, the judge's approval is still required for the postponement to take effect. Georgia's specific rules and procedures for continuances are outlined in the state's statutes and court rules, and judges will consider factors such as the reason for the delay, the length of the requested continuance, and any potential prejudice to the opposing party when making their decision.