Quick Answer: Do Both Parties Have To Agree To A Continuance?

Can a continuance be denied?

Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant’s rights.

They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation..

Can you request a continuance without a lawyer?

Yes. You must show up in Court and ask the judge for a continuance based on the fact you are seeking out legal representation. Depending on the Judge and County you are likely to get at least one continuance to seek out counsel.

How many times can a continuance be granted?

A continuance can be asked for as many times as someone might wish. Whether the judge grants is going to be based on the type of case, the rationale for the request, and the particular judge’s general stance on continuances.

How long can you push back a court date?

Generally, you’ll want to request an amount to time that is adequate but not overboard. Unless there are special circumstances that warrant requesting a longer extension, it’s fairly standard to ask for 30 days or less.

What is a good reason to postpone a court date?

The rule of reason applies to postponing a court date. If the justification is reasonable, related to trial preparation, your health or that of a family member, or a matter of some importance scheduled before the court date was set, the judge will likely have no problem with a request for postponement.

How many times can a court date be rescheduled?

Generally speaking, you can ask as many times as you like — how many times the Judge will allow you to reschedule is a different question and one that cannot be answered by anybody but the Judge. Every case is different and every Judge…

What happens if you can’t make it to court?

If you miss a court date and a lawyer or agent does not attend for you, the judge or justice of the peace will likely order a bench warrant for your arrest. … With this type of warrant, the court adjourns your case without ordering a bench warrant for your arrest. They will set a new date for your case.

Why do lawyers drag out cases?

Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.

Why do lawyers push back court dates?

It could mean that they are still collecting evidence to build a case. It could mean that a key witness is sick or unavailable. It could mean that the prosecutor on the case has some other big cases or a vacation scheduled and so needs to push your case back. … There are many reasons why a case might be pushed back.

How long can the court postpone your case?

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.

How long can you ask for a continuance in court?

The defendant wants to request a continuance of 4 weeks. A continuance of 4 weeks means that the plaintiff may not see his son for four more weeks. The court may grant the continuance if an agreement can be reached allowing the plaintiff time to see his son in the period of time before the trial.

What are good reasons for a continuance?

Reasons you may want to ask for a continuance include:You did not get enough notice of the hearing. … You need more time to hire a lawyer or apply for legal aid. … You need more time to get ready to represent yourself at a hearing.You need more time to get important evidence or subpoena an important witness.

Can I get a continuance over the phone?

Automatic Continuances You can get a first continuance by contacting the clerk’s office and requesting one. While I always fax a letter into the clerk’s office when making an official request, many clerk’s offices will continue your case if you request one over the phone.

What if I can’t make it to a court hearing?

In Summary. If you can’t attend or don’t want to attend, let the court know as soon as possible. It is risky to allow a court hearing to go ahead in your absence without letting the court know why you aren’t there.

Can I ask the judge for an extension?

Yes, you can go to court and ask the judge for a continuance to give you time to hire an attorney. The judge will grant a continuance with no questions asked.

Why does my case keep getting continued?

There are many reasons cases are continued. Mostly it is because one side or the other needs more time to prepare for trial. Additional time allows for negotiations, finding witnesses, and preparing exhibits.

How does a continuance work?

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.