Continuance

Continuance in the United States

Postponement of a court action to a later date. A continuance is essentially the same as an adjournment. The continuance is formally entered on the record as reflecting the adjournment. The term continuance derives from this entry on the record, which is done in an effort to link the separated proceedings or make them part of a single, continuous process. A continuance differs from a recess, which is only a short-term interruption of proceedings. [1]

Analysis and Relevance

A continuance may be sought for a variety of reasons. A key witness may be hospitalized, for example, and not be available to appear on the scheduled date. If the information to be provided by the witness is critical to resolving the fact dispute, the proceeding will be delayed until the witness can appear. A continuance may be sought for less legitimate reasons, however. A court has the authority not to continue a case if the judge believes the request is aimed at gaining unfair advantage. In any event, continuing cases contributes to delayed disposition of cases and backlogged dockets. [2]

Continuance Definition

(Lat. continuere, to continue). In practice. The adjournment of a cause from one day to another of the same or a subsequent term. The postponement of the trial of a cause. [3]

Meaning of Continuance

In plain or simple terms, Continuance means: A court order postponing proceedings.

Resources

Notes and References

  1. Definition of Continuance from the American Law Dictionary, 1991, California
  2. Id.
  3. This definition of Continuance Is based on the The Cyclopedic Law Dictionary .

See Also

Further Reading (Articles)

Continuance After Continuance After… ; Chief Public Defender, Two Defense Attorneys: Not Responsible For System’s Inefficiency., Sunday News Lancaster, PA; March 11, 2012; Jack Brubaker

INFORMATION TECHNOLOGY CONTINUANCE: A THEORETIC EXTENSION AND EMPIRICAL TEST, The Journal of Computer Information Systems; October 1, 2008; Bhattacherjee, Anol Perols, Johan Sanford, Clive

ANTECEDENTS OF USE-CONTINUANCE IN INFORMATION SYSTEMS: TOWARD AN INEGRATIVE VIEW, The Journal of Computer Information Systems; April 1, 2008; Hong, Soongeun Kim, Jeoungkun Lee, Heeseok

DOLLARS & SENSE; Ticket to higher rates? With a `continuance,’ traffic violation may not hit insurer’s files.(VARIETY), Star Tribune (Minneapolis, MN); August 19, 2004; Ewoldt, John

A test of the relationship between affective and continuance commitment using non-recursive models., Journal of Occupational and Organizational Psychology; June 1, 1993; Somers, Mark John

Deadline to File for Continuance under the Canada Not-for-Profit Corporations Act Is Fast Approaching, Mondaq Business Briefing; August 22, 2013; Morelli, Jordan

Developing business continuance plan, New Straits Times; December 4, 2002; Lim See Jeow

CONTINUANCE PURGATORY CRIME VICTIM ABUSED BY DELAY IN DARE DISTRICT COURT.(LOCAL), The Virginian-Pilot (Norfolk, VA); July 6, 1998

Update on the CNCA Continuance Process, Mondaq Business Briefing; April 7, 2014; Valentine, Andrew

Continuance in great shape, New Straits Times; July 19, 2007; Go-Ram

Deficiencies #1 and #2 on CNCA Continuance Applications, Mondaq Business Briefing; February 6, 2013; Naud, Anna

JUSTICE DELAYED CONTINUANCES CLOGGING COURTS, Post-Tribune (IN); March 3, 1997

Court’s failure to grant continuance plain error: the high court rules that a judge’s failure to grant defense counsel’s request for a continuance in a murder trial was plain error requiring a new trial.(People v. Walker)(Illinois), Illinois Bar Journal; March 1, 2009; Gunnarsson, Helen W.

MODELING USE CONTINUANCE BEHAVIOR IN MICROBLOGGING SERVICES: THE CASE OF TWITTER, The Journal of Computer Information Systems; July 1, 2011; Barnes, Stuart J B_hringer, Martin

Hardin Home owner is granted continuance at hearing; Zoning board of appeals moves case to June 17; Park Manor and Chatham residents were displeased, Chicago Citizen; April 20, 2005; Chinn, Lesley R.

Continuance looks set to break the ice, New Straits Times; July 2, 2005; Go-Ram

Continuance commitment and extrinsic job satisfaction among a novel multicultural expatriate workforce., Mid-Atlantic Journal of Business; March 1, 1996; Bhuian, Shahid M. Islam, Muhammad Shahidul

Storm Over Storage Facility ; Continuance Granted In Hearing For Proposed Leacock Business, Intelligencer Journal Lancaster, PA; March 18, 2009; Dean Lee Evans

AfriOre Proposes Continuance Into The British Virgin Islands, CCNMatthews Newswire; March 11, 2005

InterOil Completes Continuance From New Brunswick to Yukon, CCNMatthews Newswire; August 28, 2007

Continuance: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Continuance. This part provides references, in relation to Continuance, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Continuance by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Continuance and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Continuance or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Continuance and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Continuance. Finding these decisions can be challenging. In many cases, researchers about Continuance should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Continuance when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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