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Simple English definitions for legal terms
continuance
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A quick definition of continuance:
Continuance: When people go to court, sometimes they need more time to get ready. A continuance is when the judge lets them delay the court case until a later date. This can happen if someone needs to find a witness or if new evidence is discovered. Judges try to be fair to everyone when deciding whether to give a continuance. Continuances are like postponements, but they can be for a longer time, and they are different from stays of proceedings, which delay the trial until something else happens.
A more thorough explanation:
Continuance is a legal term that refers to the postponement of court proceedings to a later date. This delay can be requested by either party involved in the case or by the judge presiding over the trial.
There are various reasons why a continuance may be granted. For example, a party may need more time to prepare their case, or new evidence may have been discovered that requires further investigation. In such cases, a continuance can help ensure that all parties have a fair chance to present their arguments and evidence.
However, judges are careful not to grant continuances without good reason, as they can slow down the legal process and delay justice. They must balance the need for fairness and thoroughness with the need for efficiency and a speedy trial.
Continuances are similar to postponements, which also delay proceedings for various reasons. However, postponements usually only delay until another date within the current term of the court, while continuances can be extended to another term. Stays of proceedings are another type of delay that depends on something occurring, such as the verdict being reached in a related case.
For example, if a defendant in a criminal case suddenly falls ill and cannot attend the trial, their lawyer may request a continuance to allow time for the defendant to recover and be present in court. Alternatively, if a plaintiff in a civil case discovers new evidence that could significantly impact the outcome of the trial, they may request a continuance to allow time for the evidence to be properly investigated and presented.