Legally Reviewed and Edited by: Terry Cochran

Published on: June 27, 2025

Civil court delays in personal injury cases are common, whether it’s due to scheduling conflicts or procedural priorities. Another common source of these delays is legal continuance. Legal continuances in civil litigation are requests by either party to postpone proceedings to a later date.

When granted, these continuances add weeks or months to your case timeline. Therefore, understanding what continuances are and why they may be necessary can help you adjust your expectations as your case proceeds.

What Is a Continuance in Civil Litigation?

A legal continuance is a formal request by either party in a lawsuit to postpone a scheduled court proceeding to a later date. Attorneys can request continuances at various stages of the claims process, from pretrial to trial.

There are various reasons for continuance, but the most common ones in civil litigation are to allow either party to prepare for their case or to handle an unforeseen circumstance, such as counsel withdrawing from the case.

Judges typically have the discretion to grant continuances when they feel that the request is justified.

Valid Reasons for a Continuance in Civil Cases

Courts recognize that certain circumstances justify postponing legal proceedings. Some of the legitimate reasons for continuance include:

Insufficient Time to Prepare

Both the plaintiff and the defendant in civil cases are entitled to have enough time to prepare their cases. When either party lacks sufficient time to review the evidence, collect witness statements, or prepare their case, they may have legal grounds to request a continuance.

Unforeseen Events

Life doesn’t stop for litigation schedules. Courts typically grant continuances for genuine emergencies such as:

• Serious illness of parties, key witnesses, or attorneys
• Family emergencies requiring immediate attention
• Natural disasters or other force majeure events
• Death of a party or essential witness
• Hospitalization that prevents participation in proceedings

These situations are generally beyond anyone’s control, and courts understand that proceeding under such circumstances could compromise the fairness of the legal process.

Complex Evidence

Cases with complex evidence may require additional time to review the evidence. Some evidence-related reasons for continuance include:

• Discovery of new evidence
• Need for technical experts to analyze complex scientific, medical, or financial data.
• Large volumes of evidence that require gathering (usually in class action suits or multidistrict litigations)

Courts are more likely to grant continuances for evidence-related issues when the requesting party can demonstrate they acted diligently and the need for additional time arose from circumstances beyond their control.

Attorney Scheduling Conflicts

While courts expect attorneys to manage their schedules professionally, legitimate scheduling conflicts can arise:

• Previously scheduled trials in other cases that run longer than expected
• Emergency matters requiring immediate attention in other cases
• Conflicts with depositions or other proceedings that cannot be rescheduled
• Court-ordered appearances in other jurisdictions

However, courts are often skeptical of attorney scheduling conflicts and may require detailed documentation of the conflict, along with efforts made to resolve it through alternative arrangements.

When Continuances Become Problematic

While continuances can be a tool to ensure fairness in a civil case, they may also be employed as a legal tactic to delay court proceedings. Continuances may become an issue when:

They Cause Repeated Delays

While individual continuances may be justified, patterns of repeated delays can undermine the judicial process and harm the interests of justice. Trial delays become problematic when they:

• Erode witness memory and make testimony less reliable
• Allow evidence to deteriorate or become unavailable
• Disproportionately increase litigation costs
• Delay resolution for parties who need closure

Courts may impose sanctions or deny continuances when delays appear to be part of a pattern of delay tactics rather than legitimate needs.

They Affect Court Efficiency and Resources

Court scheduling delays affect the entire judicial system. Repeated continuances may:

• Waste court resources
• Delay other cases, causing case backlogs
• Increase administrative costs

Best Practices for Avoiding Unnecessary Continuances

Part of your attorney’s representation includes civil case management to avoid unnecessary continuances and civil court delays. They do this by:

• Preparing your case thoroughly before it starts. This includes identifying potential issues, scheduling realistically, consistently reviewing your case, and having contingency plans for key witnesses and evidence.
• Communicating clearly with the court and opposing counsel on scheduling, updates on case progress, and prompt explanations when continuance may be necessary.
• Setting realistic deadlines on various milestones in the claims process

What to Do If the Other Party Requests a Continuance

Either the plaintiff or the defendant can request a continuance. When this happens, your attorney will review the request to determine its validity and impact on the case. They can then agree to the continuance if they find it valid or object to it.

If your attorney believes the continuance is unjustified, they can file a formal objection with reasons why the continuance should be denied. They may also request certain conditions, such as expedited scheduling, if the continuance is granted, or propose alternatives to address the other party’s concerns with delaying the case.

Minimizing Delays in Your Civil Case

If you or someone you love is involved in a civil lawsuit, speak with our compassionate and knowledgeable personal injury lawyers at Cochran, Kroll, & Associates, P.C. We can review your case, guide you through the claims process, and help you navigate issues such as continuance. 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.

Frequently Asked Questions

What is a continuance in a civil case?

A legal continuance is a formal request to postpone a scheduled court proceeding to a later date.

How long can a continuance delay a case?

The length of delay from continuances in civil litigation varies significantly from a few weeks to several months or longer.

Can I oppose a continuance requested by the other party?

Yes, you can file an objection to a continuance request made by opposing counsel. Your objection should detail why the continuance is unnecessary, how it would prejudice your case, and any alternatives that might address the other party’s concerns without full postponement. Courts will consider these objections when deciding whether to grant the request.

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.