In law, an adjournment is a temporary pause of a court proceeding that moves it to a later date. The case stays open, nothing is decided or dismissed, and the clock on the proceeding stops until everyone reconvenes. Judges grant adjournments when a party shows a legally sufficient reason, such as a missing witness, a medical emergency, or a need for more preparation time.
Adjournment or Continuance — Are They the Same Thing?
In most federal and state courts, yes. Lawyers and judges use the two words interchangeably to describe postponing a court date, and local practice usually decides which one you hear. Some jurisdictions favor “continuance” for rescheduling a hearing or trial; others default to “adjournment.” The practical effect is identical: the proceeding moves to a new date and the case remains active.
The distinction only matters outside the courtroom, in parliamentary procedure, where “adjourn” means ending a session and “continue” or “postpone” means delaying a specific item. If you’re dealing with a court case, treat the two terms as the same.
Reasons a Judge Will Grant One
Judges don’t give out adjournments freely, but they recognize that life interferes with court calendars. The reasons that usually succeed fall into a handful of categories:
- A key witness, attorney, or the judge is unavailable. Federal law treats witness unavailability as a recognized ground for pausing proceedings.
- One side needs more time to gather evidence, depose a witness, or prepare arguments, often because new information surfaced late.
- The parties are close to settling and want time to finalize terms rather than go to trial.
- Something unexpected has emerged — a new document, a changed medical condition, a witness recanting — and the court pauses to let both sides adjust.
- Scheduling conflicts, such as two hearings landing on the same date or a trial running long and bumping the next case.
If you’re asking on medical grounds, expect to document it. Federal courts may require a physician’s statement confirming the medical reason, whether the condition is temporary or ongoing, and when you expect to be available.
How to Ask for an Adjournment
You request an adjournment through a formal motion filed before the hearing date, or orally in the courtroom. The requesting party has to show “good cause” — a legally sufficient reason. Not being ready, without more, rarely qualifies. Federal rules allow judges to modify scheduling orders only on a good-cause showing.
Before ruling, the judge weighs the strength of the reason, whether the other side would be unfairly disadvantaged, the age of the case, and the effect on the court’s schedule. The opposing party gets a chance to object. If they can show real prejudice, such as an elderly witness who may not be available later or evidence that could deteriorate, the judge may deny the request.
If granted, the court sets a new date and may attach conditions. One common condition is requiring the party who asked for the delay to cover the other side’s costs for travel, lost earnings, or witness fees caused by the postponement.
What Happens During the Pause
An adjournment stops the proceeding, not everything around it. Existing filing deadlines may shift, and courts have authority to extend them for good cause, either before the deadline passes or afterward if the party can show excusable neglect. Both sides are expected to keep working during the pause: gathering evidence, preparing witnesses, exchanging documents, pursuing settlement.
The court will either give you a specific new date or put the case on a list to be called when a slot opens. Parties and attorneys receive notice of the rescheduled date. On appeal, courts can similarly extend time to file briefs for good cause, though some deadlines, including the window for filing a notice of appeal, cannot be extended at all.
If the Judge Denies the Request
If the court says no and you can’t appear, the consequences depend on your role and whether the case is civil or criminal.
In a civil case, a plaintiff who fails to show up or push the case forward risks involuntary dismissal. Under federal rules, if a plaintiff fails to prosecute or comply with court orders, the defendant can move to dismiss, and that dismissal typically counts as a ruling on the merits. The plaintiff cannot refile the same claim.
For a civil defendant, the risk is a default judgment. If you don’t appear and haven’t filed a response, the court can enter judgment against you, sometimes for the full amount the plaintiff asked for. When the claim is for a specific dollar amount, the clerk can enter default without a hearing.
Criminal cases carry heavier consequences. A defendant who doesn’t appear after a denied adjournment may face a bench warrant, revocation of bail, and a separate charge for failure to appear. Any plea negotiations in progress typically collapse once a warrant is issued.
Speedy Trial Rights in Criminal Cases
Criminal adjournments interact with the defendant’s constitutional right to a speedy trial. The Sixth Amendment guarantees that right, and the federal Speedy Trial Act puts specific deadlines on it: charges must be filed within 30 days of arrest, and trial must begin within 70 days of the indictment or the defendant’s first court appearance, whichever is later.
Not every adjournment counts against those deadlines. The Speedy Trial Act excludes several categories of delay, including time spent on pretrial motions, competency evaluations, interlocutory appeals, consideration of plea agreements, and delays caused by other pending charges against the defendant. A continuance that “serves the ends of justice” can also be excluded.
If the government misses these deadlines without a valid exclusion, the defendant can move to dismiss the charges. The court then decides whether the dismissal is with or without prejudice — whether prosecutors can refile — by weighing the seriousness of the offense, the circumstances behind the delay, and the broader impact on the justice system.
What an Adjournment Actually Costs
An adjournment is rarely free, even when no filing fee is involved. Attorney fees are the biggest expense. Your lawyer prepared for the hearing that just got postponed, and when the new date arrives they’ll review everything again and block out another day. That doubles the billable hours for what should have been one event.
Expert witnesses are another cost that catches people off guard. Many experts charge cancellation or rescheduling fees, especially when they’ve already traveled or held a trial date open. Some bill a flat cancellation fee, often a percentage of the trial fee; others bill hourly for all preparation time, whether or not they testify. The specifics live in the engagement letter, so read it closely before you retain anyone.
Then there are the personal costs: lost wages from taking another day off work, additional travel, childcare, and the strain of prolonged uncertainty. For businesses in litigation, delays can stall transactions, freeze assets, or keep regulatory questions open for months longer than planned.
A Note on Adjournments Outside Court
The word “adjournment” also appears in legislative and parliamentary settings, and it means something different there. In Congress, the Constitution requires that neither chamber adjourn for more than three days without the other’s consent. An “adjournment sine die” — Latin for “without day” — formally ends a legislative session with no date set for reconvening, and any pending legislation that hasn’t passed both chambers dies at that point. In corporate and organizational meetings governed by Robert’s Rules of Order, a motion to adjourn simply ends the current meeting. None of this changes anything about your court date; if a judge adjourns your case, your matter is paused, not ended.