What is Motion for Continuance?
A formal request to the court to postpone or reschedule a hearing, deposition, trial, or other legal proceeding to a later date.
Understanding Motion for Continuance
Continuances may be granted for good cause, such as the unavailability of a key witness, need for additional discovery, medical emergencies, or scheduling conflicts. Courts generally disfavor continuances because they delay resolution and may grant or deny them at their discretion. Repeated continuance requests can frustrate the opposing party and the court.
Examples
- 1Attorney requesting trial postponement due to key expert's unavailability
- 2Continuance granted because plaintiff is still undergoing medical treatment
- 3Court denying third continuance request for lack of good cause
Related Terms
Motion
A formal request made to a court asking the judge to make a specific ruling or order on a particular issue in a case.
Discovery
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
Settlement Conference
A court-directed meeting between the parties, their attorneys, and often a judge or magistrate to discuss settling the case before trial.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
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