Criminal procedure

Continuance

A continuance is a postponement of a hearing, deadline, or trial date granted by the court.

Requests come from either side and are usually granted early in a case and grudgingly later. Common reasons are the volume of discovery, an attorney's conflicting trial, plea negotiations, or a newly appointed lawyer needing time.

In criminal cases a continuance is tied to the Speedy Trial Act. The order granting it normally excludes the resulting delay from the seventy-day clock and explains why the interest of justice outweighs the public and defendant's interest in a speedy trial.

A long string of continuances usually means one of three things: discovery is enormous, the parties are negotiating, or defense counsel changed. Reading the stated reasons in the orders tells you which, and that shapes what happens next.

How it appears on a docket

ORDER granting unopposed motion to continue trial from 6/2/2026 to 10/6/2026 and excluding the resulting delay under 18 U.S.C. Sec. 3161(h)(7)(A).

Governing rule

18 U.S.C. Sec. 3161(h)(7)

Related terms

  • Speedy Trial ActThe Speedy Trial Act sets deadlines for federal criminal cases: generally thirty days from arrest to indictment and seventy days from indictment or first appearance to trial.
  • Scheduling OrderA scheduling order is the judge's timetable for the case, setting the deadlines for discovery, amendments, expert reports, and motions.

More on criminal procedure

See this term in a real case

Search federal court records and read the filings where continuance actually shows up. New to federal dockets? Start with how to find a federal case.