Trial Practice
Pretrial
Continuances are granted at the court's discretion on a showing of good cause such as witness unavailability, counsel conflict, illness, or newly discovered evidence. Courts weigh prejudice and prior continuances.
Denial is reviewed for abuse of discretion.
Alternative Names:
Continuance, Trial Postponement
Why it Matters?
Courts grow less receptive with each request, and a case that has been continued twice faces a substantially higher showing than one seeking its first postponement. Moving promptly when the need becomes apparent is what distinguishes a granted motion from a denied one, since a request made days before trial suggests the problem was foreseeable. Documenting diligence in attempting to avoid the conflict supports the motion.
Frequently Confused with
Related terms
Frequently asked questions
What weakens a continuance request?
What supports the motion?
