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 Kentucky, 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 extend settlement negotiations. A party to the case can request a continuance by filing a motion with the court, and the judge has the discretion to grant or deny the request based on the circumstances presented. While the parties involved in a case may agree to a continuance, the final decision rests with the judge, who will consider factors such as the reason for the delay, the length of the requested continuance, the potential impact on the judicial process, and the rights of the parties involved. Kentucky state statutes and rules of court procedure outline the specific requirements and considerations for granting continuances.