A motion to continue is a request to delay legal proceedings, which can be granted or denied based on just cause. Factors considered by the judge include the cause of the referral, good faith efforts, risk of harm to the opponent’s case, and expected benefit to the applicant party. Suitable grounds for a motion to continue include illness, change of counsel, absence of a witness or evidence, or an unavoidable surprise. The Federal Speedy Trial Act of 1974 governs continuations in criminal proceedings, ensuring a speedy trial.
In court, a motion to continue is a written request to defer legal proceedings made by one or both parties to a legal dispute. The courts have the option to grant or deny a continuation depending on whether there is a just cause for the delay. Many states, however, have implemented rules that help expedite the process, which severely limit the court’s freedom to grant a motion to continue. The main reason courts allow prosecution is to prevent a mistrial. The motion is dismissed if the judge in the case believes that the primary purpose of the motion is simply to delay the trial, especially if such delay harms the other party to the dispute.
In deliberating a motion to continue, the judge will consider several aspects of the case. These factors include the cause of the referral, the good faith efforts of the applicant, the risk of harm to the opponent’s case, and the expected benefit to the applicant party. If the request is accepted, the judge will set a fixed duration for the delay, taking into account the rights of both parties, and will establish any limitations or restrictions. If the basis for the continuation ceases before the order’s expiration date, the judge may reverse the order and order the prosecution to continue.
The lack of adequate and thorough preparation of the case does not constitute grounds for the motion to continue. Suitable grounds for a motion to continue include illness of a party, change of counsel, absence of a witness or piece of evidence, or an unavoidable surprise, for which one party has not had sufficient time to prepare an answer. In some cases, the prosecution motion is granted on the basis of the pending outcome of another proceeding that relates to the issues or parties to the case. Sometimes such a motion may cite excessive press coverage of a case, which can affect the jury pool, as grounds for a continuation.
The Sixth Amendment to the United States Constitution guarantees an individual accused of a crime the right to a speedy trial. In consideration of the Sixth Amendment, the Federal Speedy Trial Act of 1974 establishes the conditions governing the issuance of continuations in criminal proceedings. The trial cannot begin before 30 days from the date the defendant first appears in court, unless the defendant gives his written consent. On the other hand, the judges deny many continuations that were allowed before the passage of the Federal Speedy Trial Act in order to ensure a speedy trial.
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