What Is a Continuance in Court?
A continuance in court is the postponement of a scheduled hearing, trial, or other legal proceeding, granted at the request of either party or by the judge, typically to ensure fairness or protect constitutional rights.
As seasoned Minnesota criminal defense attorneys, Gerald Miller, P.A. knows that timing can make or break a case. Below, we break down everything you need to know about continuances—when they’re granted, why they matter, and how they may affect your outcome.
What Does Continuance Mean in Court?
A continuance is a formal request to delay a scheduled court proceeding. Either the prosecution or defense may file a motion for continuance, and the judge has discretion to grant or deny it. Continuances may be requested at any stage of the criminal process—before arraignment, during trial, or ahead of sentencing.
Judges do not freely grant continuances. They must weigh whether a delay is justified and whether denying it would violate a defendant’s right to due process or effective representation.
Top 5 Reasons Courts Grant a Continuance
- Inadequate time to prepare for trial
- Surprise witness or evidence introduced
- Significant change to indictment or charges
- Replacement of legal counsel
- Medical emergency or personal hardship
Continuance in Criminal Law Cases
In criminal proceedings, timing can critically impact a case’s fairness. A continuance is often necessary when proceeding as scheduled would prevent one side from mounting a proper defense or prosecution. Judges are especially cautious when a denial would violate constitutional rights—such as the Sixth Amendment’s guarantee of effective legal counsel and a fair trial.
How Judges Evaluate Continuance Requests
Judges evaluate continuance requests based on fairness, necessity, and the right to a speedy trial. They consider whether the delay is unavoidable, how it impacts both parties, and whether alternative remedies are available. The Minnesota Rules of Criminal Procedure grant judges wide discretion, but repeat requests or vague justifications are often denied.
Reasons for Requesting a Continuance
1. Inadequate Time to Prepare
If either side receives late-disclosed evidence or needs more time to investigate, a continuance may be necessary. Defense attorneys may request time to:
- Review new or complex evidence
- Interview witnesses or retain experts
- File pretrial motions
- Negotiate plea agreements
2. New Witnesses or Evidence from Prosecution
If the prosecution announces new evidence or a surprise witness, the defense may be entitled to additional time. This allows attorneys to:
- Depose new witnesses
- Gather rebuttal evidence
- Adjust trial strategy
3. Changes to the Indictment
Substantive updates to the charges or the timeline of the alleged offense may require the defense to reassess its strategy. A continuance allows time to adjust, gather new evidence, or develop an alibi.
4. Replacement of Legal Counsel
The Sixth Amendment guarantees a defendant’s right to choose their attorney. If a defendant switches legal counsel shortly before trial, the new attorney may need additional time to review case materials and prepare a defense.
5. Illness, Emergency, or Accidents
Health issues involving the defendant, counsel, or witnesses may warrant a continuance. Courts typically require proof but will prioritize fairness.
6. Scheduling Conflicts
Attorneys often handle multiple cases. Courts may grant short continuances if the attorney has a conflicting court date elsewhere.
7. Loss or Damage to Key Documents
If important case materials are lost or damaged, a continuance may allow time for recovery, replacement, or reevaluation of evidence.
Court Order for Continuance
A continuance must be requested through a formal motion, explaining the reason for the delay and providing supporting documentation. Judges assess:
- The validity of the reason
- Prejudice to the opposing party
- Prior delays requested
- Whether justice would be served
If the motion is granted, the judge issues a court order rescheduling the proceeding. If denied, the parties must proceed on the original date.
Can a Continuance Violate the Right to a Speedy Trial?
Yes. Excessive or unjustified continuances can undermine your Sixth Amendment rights. Minnesota courts must balance delay requests with the constitutional guarantee of a timely trial. If a defendant remains in custody or suffers prejudice due to delay, a continuance may be denied or result in dismissed charges.
Benefits of a Continuance
Continuances can be strategic tools that strengthen your legal position.
Advantages Include:
- Allowing more time to gather evidence
- Ensuring proper legal representation
- Preparing a response to newly introduced evidence or testimony
- Reducing risk of error or misconduct during trial
When granted appropriately, a continuance can be the difference between conviction and acquittal.
Potential Drawbacks of a Continuance
While continuances can help, they may also introduce complications:
Emotional and Financial Strain
Delays can prolong the stress of unresolved charges. Defendants may remain in custody or continue to incur legal expenses.
Deterioration of Evidence
As time passes, physical evidence may degrade, and witness memories may fade—undermining your case.
Procedural Complexity
More time means more filings, motions, and scheduling logistics. Continuances can lengthen the overall legal process.
Disruption of Schedules
Witnesses, attorneys, and the court must rearrange their calendars, potentially making later trial dates harder to schedule.
How Long Is a Continuance?
Continuances can range from a few days to several months, depending on the justification and case complexity. Courts strive to keep delays minimal.
Here’s a breakdown of typical continuance durations:
| Reason for Continuance | Typical Length |
|---|---|
| Change of Counsel | 30–90 days |
| Surprise Witness or Evidence | 7–30 days |
| Medical Emergency | 7–60 days |
| Document Recovery | 14–60 days |
| Attorney Schedule Conflict | 7–14 days |
A table showing reasons for court continuance and their typical length.
What Happens After a Continuance Is Granted?
- The court issues a new trial or hearing date
- Discovery deadlines may be extended
- Witness availability must be reassessed
- New motions may be filed depending on developments during the delay
Your attorney will manage the updated timeline and protect your legal interests during the delay.
Speak With a Criminal Defense Attorney Before Requesting a Continuance
A continuance is a powerful legal tool—but only when used strategically. If you’re facing criminal charges, don’t risk your rights by going it alone.
Call Gerald Miller, P.A. today at 612-341-9080 for a free consultation. Our team can help assess your situation and file motions that protect your freedom.
Further Reading:
- 5 Reasons You Should Hire an Experienced Criminal Defense Lawyer
- What Does a Criminal Defense Lawyer Do?
- How to Hire a Criminal Defense Attorney
- How Do Criminal Defense Attorneys Get Paid?
Resources:
- Minnesota Court Rules – Criminal Procedure
- NACDL – Understanding the Right to Counsel
- National Center for State Courts – Continuance Policies
