Motions for continuance are committed to the trial court's broad discretion and are reviewed on appeal only for abuse of discretion. Factors considered include the length of the requested delay, the reason for the request, whether the opposing party consents, the impact on witnesses and jurors, and the overall interests of justice. In criminal cases, granted continuances may constitute excludable time under the Speedy Trial Act. Courts are generally more receptive when the motion is filed well in advance and less sympathetic to last-minute requests resulting from lack of diligence.
Attorney: "Your Honor, the defense moves for a two-week continuance. Our expert witness, Dr. Patterson, suffered a medical emergency and cannot testify on the scheduled date. We have a physician's note confirming her unavailability."
Judge: "Does the government oppose?" Prosecution: "We oppose, Your Honor. The victim and three witnesses have traveled from out of state and have arranged childcare and taken leave from work." Judge: "I will grant a one-week continuance as a compromise."
Attorney: "Your Honor, the prosecution disclosed 10,000 pages of additional discovery last Friday. We cannot adequately prepare in five days. We respectfully request a 30-day continuance."
Students may assume continuances are routinely granted. In practice, courts strongly favor adhering to trial schedules, and repeated or unjustified continuance requests can damage an attorney's credibility with the bench.
376 U.S. 575 (1964)
Established that granting or denial of a continuance is within the broad discretion of the trial court and will not be reversed absent a denial of due process.
461 U.S. 1 (1983)
Held that the Sixth Amendment does not guarantee a meaningful relationship between defendant and counsel, and denial of a continuance to allow new counsel did not violate constitutional rights.
584 F.2d 485 (D.C. Cir. 1978)
Articulated a multi-factor balancing test for evaluating continuance motions that has been widely adopted.
| Motion for Continuance | Motion to Stay |
|---|---|
| Postpones a specific hearing or trial date | Halts all or most proceedings in the case |
| Usually brief delay (days to weeks) | Can last months or longer |
| Based on scheduling/preparation needs | Often based on pending appeal or related case |
| Discretionary with trial court | May involve mandatory stay (e.g., bankruptcy) |
| Does not affect deadlines beyond the event | May toll all deadlines in the case |
What factors do courts consider when ruling on a motion for continuance?
Diligence of the moving party, likelihood the continuance will serve its purpose, inconvenience to the opposing party and witnesses, the court docket, and whether the movant will suffer prejudice if denied.
Can denial of a continuance violate constitutional rights?
Yes. Denial can violate the Sixth Amendment right to counsel or compulsory process if it prevents adequate preparation or securing necessary witnesses. But defendant must show actual prejudice.
How far in advance should a motion for continuance be filed?
As soon as the need becomes apparent. Many local rules require 10-14 days before the scheduled date. Last-minute requests face a higher burden.
Discovery is the pretrial process by which parties obtain information and evidence from each other a...
A motion to dismiss is a request to terminate a case without a full trial on the merits. In civil ca...
A motion for new trial asks the court to vacate the verdict and order a completely new trial. Ground...
