Wichita Bail Bonds Blog

A continuance is a formal request to postpone a scheduled court hearing or trial to a later date. Courts allow continuances to ensure fairness and adequate preparation, but they must be supported by legitimate reasons. If you are involved in a criminal, civil, or family law case, it is important to provide clear justification and documentation when asking for more time. Judges grant continuances at their discretion, balancing your need for delay with the court’s duty to keep cases moving efficiently.

Common Valid Reasons to Request a Continuance

• Needing More Time to Prepare – One of the most common reasons for requesting a continuance is the need for additional time to review evidence, gather documents, or interview witnesses. This applies especially in cases where new information or discovery materials were provided shortly before the hearing.
• Attorney Scheduling Conflicts – If your lawyer has another trial, hearing, or unavoidable professional obligation on the same day, the court may grant a continuance to allow proper representation.
• Unavailability of Key Witnesses – When an essential witness is sick, out of state, or otherwise unable to appear, a continuance ensures the testimony can be presented later rather than omitted entirely.
• Illness or Medical Emergency – Courts recognize health issues as legitimate grounds for postponement. A medical emergency involving you, your attorney, or an immediate family member can justify rescheduling if supported by documentation.
• Recent Change of Legal Representation – If you have just hired a new attorney, they may request extra time to review the case and prepare an effective defense or strategy before proceeding.

Additional Acceptable Situations

• Plea Negotiations or Settlement Discussions – In criminal and civil cases, courts may approve continuances when both sides are actively working toward a resolution that could save time and resources.
• Late Disclosure of Evidence – If the opposing party presents new evidence close to the court date, you have the right to ask for time to examine and respond appropriately.
• Unforeseen Personal Circumstances – Events like funerals, serious family emergencies, or unexpected travel restrictions can warrant a short postponement if verified.
• Court or Administrative Delays – Sometimes courts themselves cause scheduling conflicts or clerical errors. These issues can also lead to continuances to prevent prejudice to either party.

When a Continuance Might Be Denied

• If the request appears to be a tactic to delay proceedings unnecessarily
• If you have already received previous continuances without good cause
• If the other party would suffer unfair harm or inconvenience due to the delay
• If you fail to provide supporting documentation or make the request too close to the hearing date

Tips for Requesting a Continuance

• Submit your request in writing and as early as possible before the scheduled date
• Include specific reasons and attach proof such as medical notes, travel records, or legal notices
• Notify the opposing party or their attorney, as courts often require both sides to be informed
• Be respectful and honest in your explanation, showing that the request is made in good faith
• Consult your attorney to ensure the motion meets court rules and deadlines

Judges are more likely to grant continuances when there is clear evidence of need and when the delay serves justice rather than convenience. Providing documentation and maintaining communication with the court and opposing parties can strengthen your request and preserve your credibility.