Continuance
Civil ProcedureLegal information only — not legal advice. B-Legal is not a law firm and use of this site does not create an attorney-client relationship. Consult a licensed attorney before acting.
Plain-English Meaning
A postponement of a scheduled court date to a later date. Either party can request a continuance, but the court must grant it.
Legal Context
Courts in New York refer to this more commonly as an 'adjournment.' Either party may request an adjournment by motion or by consent. Courts consider: the reason for the request, the number of prior adjournments, prejudice to the opposing party, and court calendar congestion. Continuances are not automatic — denial is within the court's discretion. In criminal cases, the speedy trial clock under CPL § 30.30 may be affected depending on which party requested the adjournment.
Real-Life Example
Marcus's attorney was ill the day of trial and requested a continuance. The court adjourned the case 30 days. The prosecutor objected, but the court found good cause and granted it.
Related Statutes
Related Terms
Source
Based on N.Y. CPLR § 4007 and N.Y. CPL § 30.30. Original B-Legal plain-language explanation.
CPLR § 4007
Definitions are simplified for education. Legal meanings vary by jurisdiction, context, and case facts. This definition is original B-Legal content and is not affiliated with or derived from any proprietary legal dictionary.