A continuance in court is a judge-approved postponement of a hearing, trial, or filing deadline to a later date. Either side can request one, and judges occasionally order them on their own, but a continuance is never automatic. The requesting party needs a legitimate reason, and the judge has to sign off. Continuances are routine in civil and criminal cases alike, yet a denial at the wrong moment can mean walking into trial unprepared or losing the case outright by default.
Reasons Judges Grant Continuances
The most common reason is that someone essential to the case cannot be there. A party, an attorney, or a key witness may have a medical emergency, a death in the family, or another unavoidable conflict. Courts expect a real, documented reason, not a scheduling preference.
Needing more preparation time is another frequent basis. New evidence can surface close to trial, leaving one side without enough time to investigate or respond. A party may also need more time to finish gathering documents in discovery, retain an expert witness, or hire replacement counsel after their attorney withdraws.
Settlement talks can justify a delay too. When both sides are close to resolving a dispute, they can jointly ask the judge to push back the court date. Judges tend to look favorably on joint requests because a settlement clears the case from the docket for good.
In civil cases, there’s a specific type of continuance that comes up when one side moves for summary judgment and the other hasn’t had a chance to gather the evidence it needs to respond. Federal Rule of Civil Procedure 56(d) lets the opposing party file an affidavit explaining what facts are still unavailable and why more time is needed. If the court agrees, it can pause the summary judgment decision and allow more discovery.1Legal Information Institute. Federal Rules of Civil Procedure Rule 56 – Summary Judgment
How to Request a Continuance
The standard approach is to file a written motion with the court, usually titled “Motion for Continuance” or “Motion to Continue.” The motion should explain why the delay is necessary, how long of a postponement is needed, and whether the other side agrees. An unopposed request is far more likely to succeed, so reaching out to opposing counsel before filing is a practical first step and, in many courts, a procedural requirement.
Supporting evidence strengthens the motion considerably. A doctor’s note for a medical issue, documentation of a scheduling conflict, or an affidavit from a missing witness helps the judge see the request as genuine rather than a stalling tactic. Bare assertions without backup tend to fail.
Timing matters as much as substance. Filing the motion as soon as the problem becomes apparent shows good faith. A motion submitted weeks before the court date signals a legitimate issue; one dropped on the judge’s desk the morning of trial suggests poor planning or deliberate delay. In true emergencies, like a car accident on the way to court, an oral request directly to the judge may be possible. That’s the exception.
How Judges Decide
Judges have broad discretion over continuance requests, and no formula guarantees approval. Courts generally weigh a few consistent factors.
The strength of the reason comes first. A hospitalization or the sudden unavailability of a critical witness carries real weight. A vague claim of being “not ready” does not. Courts draw a sharp line between things that happened to the requesting party and things that party failed to do.
The case’s procedural history also matters. A first continuance request gets a much friendlier reception than a third or fourth. Judges track how many delays each side has already received, and repeated requests create a strong presumption that someone is dragging their feet. Federal scheduling orders can only be modified for good cause, and the court expects the requesting party to show they were diligent despite needing more time.2Legal Information Institute. Federal Rules of Civil Procedure Rule 16 – Pretrial Conferences; Scheduling; Management
The impact on the other side rounds out the analysis. A delay that merely inconveniences the opposing party is easier to justify than one that causes real prejudice, such as forcing a witness to travel across the country a second time or letting a key piece of evidence go stale. The judge balances both sides’ interests and asks whether fairness is better served by proceeding on schedule or granting the delay.
What Happens After the Judge Rules
If the Continuance Is Granted
The court issues an order canceling the original date and setting a new one. The order typically includes a rescheduled hearing or trial date and may adjust deadlines for related filings and discovery. All parties are bound by the new schedule and must be ready to proceed when the rescheduled date arrives.
If the Continuance Is Denied
The original date stands, and the case moves forward on schedule. This is where things get serious for the party that asked. In a civil case, a plaintiff who fails to show up or prosecute the case risks dismissal, and under federal rules that dismissal counts as a decision on the merits, meaning the case is over permanently.3Legal Information Institute. Federal Rules of Civil Procedure Rule 41 – Dismissal of Actions A defendant who doesn’t appear risks a default judgment, where the court rules in the other side’s favor without hearing any defense.4Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default; Default Judgment
In a criminal case, the stakes are even higher. A defendant who fails to appear after being released on bail can face additional federal charges carrying up to ten years in prison for the most serious underlying offenses, plus forfeiture of any bond.5Office of the Law Revision Counsel. 18 U.S. Code 3146 – Penalty for Failure to Appear The court will almost certainly issue a bench warrant for the defendant’s arrest.
Continuances in Criminal Cases and the Speedy Trial Clock
Criminal continuances carry a wrinkle civil litigation doesn’t have: the defendant’s right to a speedy trial. The Sixth Amendment guarantees this right, and the federal Speedy Trial Act puts hard numbers on it. A criminal trial must begin within 70 days of the indictment or the defendant’s first court appearance, whichever comes later.6Office of the Law Revision Counsel. 18 U.S. Code 3161 – Time Limits and Exclusions
A continuance can pause that 70-day clock, but only if the judge makes a specific finding on the record that the delay serves “the ends of justice” and outweighs the public’s interest and the defendant’s interest in a prompt trial. The judge must state the reasons, orally or in writing. A continuance granted without that finding doesn’t stop the clock.6Office of the Law Revision Counsel. 18 U.S. Code 3161 – Time Limits and Exclusions The prosecution cannot blame its own lack of preparation or a crowded court calendar as a reason for the delay.
If the 70-day deadline passes without a proper exclusion, the defendant can move to dismiss. The court then decides whether the dismissal is with prejudice, meaning the case is gone for good, or without prejudice, meaning the government could re-file charges. That decision depends on the seriousness of the offense, the circumstances that caused the delay, and the broader impact on the justice system.7Office of the Law Revision Counsel. 18 U.S. Code 3162 – Sanctions
Criminal defendants need to pay close attention here. Agreeing to a prosecution continuance, or failing to object to one, doesn’t automatically waive the speedy trial right, but acquiescence in delays can weigh against the defendant if they later claim the right was violated.8Legal Information Institute. U.S. Constitution Annotated Amendment 6 – Scope of the Right to a Speedy Trial And a defendant who waits until after entering a guilty plea to raise a speedy trial objection has waited too long. The right is considered waived at that point.7Office of the Law Revision Counsel. 18 U.S. Code 3162 – Sanctions
Sanctions for Abusing Continuances
Judges expect continuance motions to be filed in good faith. An attorney who files one purely to delay proceedings, harass the other side, or run up litigation costs risks sanctions under Federal Rule of Civil Procedure 11. By signing and filing any motion, a lawyer certifies that it is not being presented for an improper purpose.9Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Penalties can include orders to pay the other side’s attorney’s fees, monetary penalties paid to the court, or non-monetary directives like mandatory additional disclosures. Sanctions must be proportional, limited to what’s needed to discourage the same behavior in the future. The attorney’s law firm can also be held jointly responsible. Rule 11 includes a 21-day safe harbor: before filing a sanctions motion, the opposing side must serve it on the offending party and give them three weeks to withdraw the problematic filing. If the attorney pulls it within that window, the sanctions request never reaches the judge.9Legal Information Institute. Federal Rules of Civil Procedure Rule 11 – Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions