Can a court order a continuance in a criminal case?
A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.
What happens if you file a motion for continuance?
A common remedy to this situation is to file a Motion to Continue the hearing, which requests that the court reschedule the hearing for a new date and time. This will usually result in a later hearing date than the one presently reserved, as the court’s calendar continues to fill up after your hearing was scheduled.
Can a prosecution challenge a denial of a continuance?
In fact, even the prosecution can challenge a denial of its request for a continuance. The parties file what’s known as a “writ,” asking the higher court to review the evidence and the reasons given by the trial court for its denial.
Can a defendant get a continuance at a preliminary hearing?
Similarly, defendants who are without counsel but facing a preliminary hearing are often given a continuance to hire a lawyer (a preliminary hearing is a “mini trial,” in which the prosecutor presents enough evidence to convince the judge that “there’s a case here,” and that the matter should be set for trial).
A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.
How does a court view a motion for continuance?
How Courts View Continuance Requests. Because continuances delay the resolution of a case, judges typically frown upon them. It’s usually only when the defendant’s rights might otherwise be violated that a court will grant a continuance request.
When does a child protection case go to disposition?
If the petition seeking court intervention on behalf of the child is sustained, the court may proceed to the disposition stage of the case.
Why do defense attorneys ask for a continuance?
Attorneys often request continuances because their work on other cases has prevented them from devoting the necessary time to the case at hand. Courts usually allow some leeway in these situations, especially for court-appointed defense attorneys. Time for the defense.
How Courts View Continuance Requests. Because continuances delay the resolution of a case, judges typically frown upon them. It’s usually only when the defendant’s rights might otherwise be violated that a court will grant a continuance request.
How long does it take for a continuance to be granted?
Just like determining whether to grant a continuance, the court has the discretion to approve or deny the requested continuance length. Common lengths of time for case continuances are six to eight months, but it may take longer or shorter, depending on the case.
When does a judge Grant a continuance during a trial?
A judge even may grant a continuance during a trial if a witness for the prosecution provides unexpected testimony that the defendant could not have anticipated. If the defense can gather contradictory evidence within a reasonable time, the judge likely will provide an opportunity to do so.
How can I get a continuance in a case?
Contact the opposing party to ask them to agree to the continuance. This isn’t always necessary, but it is proper etiquette. If the opposing side agrees to the continuance, the process is often much easier, and your request is likely to be granted. If they don’t agree, you can still make the request to the court.
Can a judge order a continuance in a civil case?
Either side can ask the court for a continuance, or the judge can order a continuance independently if they feel that it is necessary. Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant’s rights.
When does a court grant a motion for continuance?
It’s usually only when the defendant’s rights might otherwise be violated that a court will grant a continuance request. Absent a law or constitutional right to the contrary, judges have broad discretion to determine whether to issue a continuance.
Is there a way to continue a court hearing?
If the parties can come to an agreement before the next hearing date, they can then drop the hearing date. Another way to continue a hearing is to make a verbal request to the judge, which usually occurs at the beginning of the court session. Obviously, this will only work if you are able to physically attend the hearing, at least briefly.