A continuance is a delay or postponement of a court proceeding until a later date. A continuance may be requested by one of the parties or ordered by the court when there is a sufficient reason to move the proceeding.

Continuances often arise before a Trial or hearing when more time is needed to prepare, serve a party, gather evidence, or address another legitimate problem.

Continuance Explained

Cornell Wex explains that a continuance is what a court may grant to delay proceedings until a later date and that judges generally have substantial discretion in deciding whether to grant one. California court self-help materials likewise describe changing a court date as a continuance or postponement and explain that a judge will only grant it for a good reason.

The Term Continuance in Different Legal Contexts

Continuances can arise in civil, criminal, and family matters whenever a scheduled court event needs to be moved. The standards, deadlines, and procedure for requesting a continuance depend on the type of case and the court’s rules.

Courts often balance fairness and preparation needs against the need for efficiency, timely resolution, and, in criminal cases, speedy-trial concerns.

Common Misconceptions About the Meaning of Continuance

A common misconception is that a continuance is automatic if a party asks for one. Courts generally require a good reason and may deny unsupported requests.

Another misconception is that continuances only matter in major trials. They can affect many kinds of hearings and deadlines across different court systems.