In court, a continuance is a judge-approved postponement of a scheduled hearing, trial, or other court date. It is not automatic and not something the parties can arrange on their own. One side (or both) has to ask the court, give a legitimate reason, and wait for the judge to sign off. Until the judge approves a new date, the original date still controls.
Continuances exist in both civil and criminal cases. The reasons for granting one, the way judges weigh the request, and the consequences of a denial all vary with the type of case and how far along it is.
What Counts as a Good Reason
Courts expect cases to move forward on schedule. To get a postponement, you need to show what judges and lawyers call “good cause,” meaning something more than general inconvenience or wanting extra time.
Reasons courts commonly accept include:
- A key witness or party is unavailable because of illness, travel, or another unavoidable conflict, and their testimony cannot be presented another way.
- An attorney has a scheduling conflict with another trial or is unexpectedly unable to appear. Forcing a case forward without prepared counsel can undermine the right to a fair proceeding.
- New or complex evidence has surfaced late in the process, and both sides need time to review and respond to it.1Legal Information Institute. Continuance
- Settlement negotiations are active and a short delay could resolve the case without trial.
- A party needs to change attorneys, though courts will scrutinize whether that party acted promptly rather than waiting until the last minute.
What does not qualify: general unpreparedness, a vague desire for more time, or simple discomfort with the scheduled date. Judges can tell the difference between a real problem and a delay tactic, and they see plenty of both.
How a Continuance Is Requested
The standard method is to file a written motion for continuance with the court clerk. The motion needs to explain specifically why the current date will not work, what you have done to try to resolve the problem without a postponement, and how much additional time you need. Supporting documents strengthen the request: a doctor’s note, a letter confirming a witness’s travel schedule, or proof of a conflicting court obligation give the judge something concrete to evaluate.
You also have to serve a copy of the motion on the opposing party so they can respond. Courts take this seriously. Filing without notifying the other side can lead to denial on procedural grounds alone, no matter how strong the underlying reason.
Timing matters too. Filing weeks in advance signals that you spotted the problem promptly and acted in good faith. Filing the day before suggests you either sat on the issue or are stalling. Some courts set specific deadlines for continuance motions, and those deadlines vary widely by jurisdiction.
If both parties agree to the postponement, they can file a stipulated motion reflecting that agreement. The judge still has to approve it, because the court is responsible for managing its docket and for interests beyond what the parties want.
Emergency and Oral Requests
Not every situation leaves time for a written motion. If an emergency comes up on the day of a hearing, you or your attorney can sometimes ask for a continuance orally in open court. Judges have discretion to consider those requests, but the bar is higher. You need a compelling, genuinely unexpected reason, and the judge may require a written follow-up motion documenting the circumstances. Showing up unprepared and asking for more time rarely works.
How Judges Decide
The decision rests with the judge, who has broad discretion to grant or deny the motion.1Legal Information Institute. Continuance That discretion is not unlimited, and knowing what judges weigh helps you anticipate how a request is likely to land.
- The strength of the reason. A medical emergency with documentation is strong. “My client needs more time” with no further explanation is weak.
- Diligence. Judges look at whether you did everything reasonable to avoid needing the delay. If you had months to prepare and only noticed a problem the week before, the court will not be sympathetic.
- Prejudice to the other side. The judge considers whether the delay would harm the opposing party, for example through fading witness memories, higher litigation costs, or duplicate preparation.
- History of delays. There is no fixed cap on how many continuances a judge can grant, but each additional request gets harder to justify. Courts track prior postponements and how long a case has been pending.
- Whether a criminal defendant is in custody. A postponement means a jailed defendant stays behind bars longer, which cuts in both directions: the defendant has a stronger argument against delay, and the prosecution cannot use continuances to extend pretrial detention without justification.
Continuances in Criminal Cases
Criminal continuances carry stakes that civil cases do not. The Sixth Amendment guarantees every criminal defendant the right to a speedy trial, and both federal law and most state laws set specific time limits for bringing a case to trial.2Congress.gov. Amdt6.2.1 Overview of Right to a Speedy Trial A continuance can pause that clock, but only under specific conditions.
Under the federal Speedy Trial Act, a criminal trial must begin within 70 days of the indictment or the defendant’s first court appearance, whichever comes later. Certain delays are excluded from that count, including continuances granted in the “ends of justice.” A judge cannot simply wave one through, though. The statute requires specific findings, on the record, that the need for delay outweighs the public’s and the defendant’s interest in a speedy trial.3Office of the Law Revision Counsel. 18 U.S. Code 3161 – Time Limits and Exclusions
The factors the judge must consider include whether proceeding on time would cause a miscarriage of justice, whether the case is unusually complex, and whether denying the continuance would leave the defendant without adequate time to obtain counsel or prepare a defense. The statute specifically prohibits granting an ends-of-justice continuance because of court calendar congestion or because the prosecution failed to prepare diligently.3Office of the Law Revision Counsel. 18 U.S. Code 3161 – Time Limits and Exclusions
If the government fails to bring a defendant to trial within the required time, the defendant can move to dismiss. The court then decides whether the dismissal is permanent or whether the government can refile, based on the seriousness of the offense, the circumstances behind the delay, and the impact of reprosecution on the justice system. The defendant has to raise the issue before trial or before entering a guilty plea; waiting too long waives the right.4Office of the Law Revision Counsel. 18 U.S. Code 3162 – Sanctions Many states have their own speedy trial statutes with similar timelines and exclusion rules.
What Happens After the Ruling
If the judge grants the continuance, the court issues an order setting a new date. The original deadline disappears, and the new date becomes binding. Preparation deadlines shift accordingly. In criminal cases, the time covered by the continuance is excluded from the speedy trial calculation as long as the judge made the required findings on the record.
If the judge denies the motion, the case proceeds as originally scheduled. You need to be ready on that date, no matter how strong you thought your reason was. In civil cases, failing to appear after a denied continuance can lead to a default judgment or dismissal of your claims. In criminal cases, failing to appear can trigger a bench warrant for your arrest.
If You Skip Court Instead of Asking
If you need a postponement and just do not show up, the consequences are far worse than a denied continuance.
In a criminal case, the judge will almost certainly issue a bench warrant. Law enforcement can execute it any time, during a traffic stop, at your home, or at work. The original charges stay, and you now face higher bail, potential forfeiture of any bond you posted, and in many jurisdictions a separate charge for failure to appear. If you were on probation, missing court can trigger a violation with its own penalties.
In a civil case, the consequences are financial but still severe. If you are the defendant and do not appear, the plaintiff can ask for a default judgment, which grants them what they asked for simply because you were not there to contest it. That judgment is enforceable like any other, meaning wage garnishment, bank levies, and property liens are on the table. Setting it aside later is possible but requires a legitimate reason for the absence, and courts are not generous about it.
If you cannot make a court date, file a motion. Even a last-minute oral request in open court is better than not showing up.
Appealing a Denial
If a judge denies your continuance request and you believe the denial affected the outcome, you can raise the issue on appeal. Appellate courts review these decisions under the “abuse of discretion” standard, which is deliberately difficult to meet.5Legal Information Institute. Abuse of Discretion You are not arguing that the judge made the wrong call. You are arguing that the decision was so unreasonable no rational judge would have made it.
Appellate courts overturn continuance denials mostly when the trial judge had no rational explanation, departed from established policies without reason, or denied the request on an impermissible basis. A denial that left a defendant without any lawyer at trial stands a far better chance on appeal than one that simply gave a party less preparation time than they wanted. Most denials survive appellate review, which is why getting the motion right the first time matters more than counting on a second chance later.