continuance – מילון אנגלי-אנגלי
continuance
n.
continuing, prolonging; deferring of a lawsuit or trial till a later date (Law)
Continuance
In American
procedural law, a
continuance is the postponement of a
hearing,
trial, or other scheduled
court proceeding at the request of either or both parties in the dispute, or by the judge
sua sponte. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to grant continuances. However, a motion for continuance may be granted when necessitated by unforeseeable events, or for other reasonable cause articulated by the movant (the person seeking the continuance), especially when the court deems it necessary and prudent in the "interest of justice."
continuance
Noun
1. the act of continuing an activity without interruption
(synonym) continuation
(antonym) discontinuance, discontinuation
(hypernym) activity
(hyponym) prolongation, protraction, perpetuation, lengthening
(derivation) continue, go on, proceed, go along, keep
2. the period of time during which something continues
(synonym) duration
(hypernym) time period, period of time, period
(hyponym) clocking
(derivation) continue
3. the property of enduring or continuing in time
(synonym) duration
(hypernym) time
Continuance
(n.)
Uninterrupted succession; continuation; constant renewal; perpetuation; propagation.
(n.)
The entry of such adjournment and the grounds thereof on the record.
(n.)
The adjournment of the proceedings in a cause from one day, or from one stated term of a court, to another.
(n.)
A holding together; continuity.
(n.)
A holding on, or remaining in a particular state; permanence, as of condition, habits, abode, etc.; perseverance; constancy; duration; stay.
Webster's Revised Unabridged Dictionary (1913), edited by Noah Porter.
About
Continuance
When a court postpones a hearing, trial or other scheduled appointment (such as a settlement conference), it is called a continuance. If one party is not prepared for a hearing or trial, the court may grant a continuance to allow the party to get a lawyer or otherwise prepare so as not to be at a disadvantage. While continuances are often called for on the ground of fairness, they also are commonly sought by attorneys solely for the purpose of delaying the proceeding or harassing the other side.
The adjournment of a cause, case or hearing from one day to another is called a continuance, amd a record of same is entered in the record.
If these continuances are omitted, the cause is thereby discontinued, and the defendant is discharged sine die, without a day, for this term. By his appearance he has obeyed the command of the writ and, unless he be adjourned over to a certain day, he is no longer bound to attend upon that summons.
Continuances may however, be entered at any time, and if not entered, the want of them is aided or cured by the appearance of the parties; and as a discontinuance can never be objected to pendente placito, so after the judgment it is cured by the statute of jeofails.
Before the declaration the continuance is by dies datus prece partium; after the declaration and before issue joined, by imparlance; after issue joined and before verdict, by vicecomes non misit breve; and after verdict or demurrer by curia advisare vult.
This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.
