Home > West's Encyclopedia of American Law > Continuance

The adjournment or postponement of an action pending in a court to a later date of the same or another session of the court, granted by a court in response to a motion made by a party to a lawsuit. The entry into the trial record of the adjournment of a case for the purpose of formally evidencing it.

Courts, by virtue of their authority to hear and determine cases, have inherent discretionary power to grant or deny continuances,

subject to restrictions imposed by statute. Continuances are granted when necessary to avert a miscarriage of justice but will be denied if sought merely for the purpose of delay. Criminal defendants are entitled to a SPEEDY TRIAL unless good cause justifies a continuance of the action.

In ruling on a motion for a continuance, a court examines all the facts and circumstances of a case—in particular, the applicant's...