How Many Continuances Are Allowed in Court?

Legally Reviewed and Edited by: Terry Cochran

So, you’ve requested a continuance, but still encounter a situation that might need another one. But how many continuances are allowed in court? Well, that depends on your case.

Generally, the judge has the discretion to issue or deny a continuance. Therefore, you can get several continuances during your civil case or none, depending on why you have requested a continuance.

However, in most cases, judges are more likely to deny continuances if you have been previously granted one for the same lawsuit. Nonetheless, if you believe that you have a valid reason, you can work with your attorney to request a postponement of your civil suit.

What Is Continuance in Court and Why Do People Request Them?

What is continuance in court? It’s a formal request to postpone your scheduled court proceeding to a later date. Unlike rescheduling a personal appointment, you need the judge’s approval, and you must provide legitimate legal grounds for the delay.

Courts balance two important considerations: your right to adequate preparation and fair proceedings versus the judicial system’s need for efficiency and timely case resolution. This means judges evaluate each continuance request individually, considering your specific circumstances and how the delay affects all parties involved.

You might need a continuance for several valid court continuance reasons:

• Your attorney becomes ill or has conflicting court commitments
• You face a medical emergency, or a key witness becomes unavailable
• You need additional time to gather critical evidence
• You’re dealing with a genuine family emergency
• You haven’t been able to secure proper legal representation
• You’re engaged in promising settlement negotiations
• You’re waiting for the resolution of discovery disputes
• You have unavoidable scheduling conflicts (though these carry less weight)

How Many Times Can You Ask for a Continuance?

When you ask how many continuances are allowed in court, you won’t find a simple answer. Most courts don’t establish specific statutory limits on continuance requests. Instead, judges exercise broad discretion when deciding whether to grant or deny your requests.

In practice, you’ll find that most judges become increasingly reluctant to grant continuances after your second or third request, especially if your reasons seem repetitive or avoidable. Criminal cases often face stricter limits due to speedy trial requirements, while civil cases typically allow more flexibility.

Several factors influence how many continuances you can obtain:

• Your case type matters: If you’re a criminal defendant, you have constitutional rights to a speedy trial, which naturally limits excessive delays. Civil cases usually offer more flexibility, but judges still want to move cases toward resolution.
• The quality of your reasons: Judges evaluate each continuance request on its merits. If you consistently provide compelling reasons, you’re more likely to receive accommodation than if your reasons appear frivolous or repetitive.
• Your pattern of requests: Judges notice when you consistently request continuances at the last minute or for similar reasons. This pattern makes them skeptical of future requests.
• Impact on other parties: Courts consider how your delays affect opposing parties, witnesses, and court resources. If your continuances cause significant hardship to others, judges are less likely to grant them.
• Your previous conduct: Your history of compliance with court orders and deadlines influences judicial decisions. When you consistently meet your obligations, you receive more consideration than when you fail to do so.

How Long Is a Continuance in Court?

Understanding how long a continuance is in court helps you plan appropriately and make informed requests. The length of the delay depends on several factors, including your reason for the delay, the court’s availability, and the complexity of your case.

You can expect these typical continuance lengths:

• Short-term continuances (1-4 weeks): Courts often grant these for minor scheduling conflicts, brief illnesses, or simple preparation needs. These represent the most commonly approved types of continuances.
• Medium-term continuances (1-3 months): You may receive these for more serious issues, such as major illnesses, significant legal research needs, or complex discovery disputes.
• Long-term continuances (3+ months): Courts rarely grant these, except in exceptional circumstances, such as severe medical conditions, major family emergencies, or complex legal issues that require extensive preparation.

When requesting a continuance, be specific about how long the court case can be continued to meet your needs. Requesting an indefinite delay or an unreasonably long postponement can reduce your chances of approval.

Common Reasons Judges Grant or Deny Continuances

Judges consider numerous factors when evaluating requests for continuance. Understanding these court continuance reasons helps you present stronger requests and avoid common pitfalls.

Judges typically GRANT continuances when:

• Your attorney has conflicts with other trials or unavoidable court commitments
• You, your attorney, or key witnesses face medical emergencies
• You’re waiting for important evidence or depositions that directly impact your case
• You’re engaged in good-faith settlement discussions that show promise
• Constitutional concerns in criminal cases affect your right to adequate representation

Judges typically DENY continuances when:

• You make last-minute requests without emergency circumstances
• You repeatedly request continuances for the same reasons
• You base your request on convenience factors like vacations or work commitments
• You appear to be using obvious delay tactics
• Your request would significantly prejudice opposing parties

Can a Continuance Be Denied and What Happens Next?

Yes, courts can and do deny continuances. When judges deny your continuance request, you typically have limited options for immediate appeal, as these decisions fall within judicial discretion.

When your continuance is denied:

• You proceed as scheduled: You must appear in court on the original date and proceed with your case
• You document the denial: Ensure the denial and your reasons are properly recorded in the court record
• You adapt your strategy: Work with your attorney to modify your case strategy based on the available time
• You request emergency relief: In rare circumstances involving constitutional issues, you might seek emergency appellate relief, though this rarely succeeds

What Happens If You Request Too Many Continuances?

Requesting excessive continuances can have serious consequences for your case. How many continuances are allowed in court becomes less important than the practical effects of appearing to delay proceedings unreasonably.

You might face these potential consequences:

• Judicial frustration: Judges may become less sympathetic to your case and skeptical of future requests
• Case dismissal: Courts might dismiss your case for failure to prosecute or proceed diligently
• Financial sanctions: Courts may impose monetary penalties for frivolous or excessive delay tactics
• Weakened position: Opposing parties may use your delay pattern against you in arguments
• Lost credibility: Your reputation with the court may suffer, affecting all future proceedings

Tips for Requesting a Continuance Successfully

Your success in obtaining continuances depends largely on how you present your request. Following these guidelines increases your chances of approval:

File written motions when possible: Put your request in writing with specific reasons and proposed new dates. This demonstrates respect for the court’s time and creates a proper record.

Provide adequate notice: Request continuances as soon as you become aware of the need. Last-minute requests face much higher scrutiny.

Offer specific dates: Suggest alternative dates rather than requesting indefinite delays. This demonstrates your commitment to advancing the case.

Show good faith: Explain what you’ll accomplish during the delay and how it benefits the case’s resolution.

Consider opposing parties: Acknowledge the impact on other parties and, when possible, seek their agreement to the continuance.

Document everything: Keep detailed records of all continuance requests and responses, as patterns may become relevant in future proceedings.

Be Prepared, But Know Your Rights

If you’re facing a legal proceeding and believe you need a continuance, you should consult with an experienced attorney who can help you evaluate your reasons and present the strongest possible request to the court. Professional legal guidance can make the difference between a granted and denied continuance request.

Speak with our compassionate, knowledgeable truck accident lawyers at Cochran, Kroll, & Associates, P.C.. We can review your case, guide you through the claims process, and assist you with filing for continuance when necessary. Contact us today for a free, no-obligation consultation.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-642-4529 and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.