Continuance

Definition of Continuance

Note: See a more comprehensive approach to the Continuance legal concept in the American Law Encyclopedia

Postponement of a court action to a later date. A continuance is essentially the same as an adjournment. The continuance is formally entered on the record as reflecting the adjournment. The term continuance derives from this entry on the record, which is done in an effort to link the separated proceedings or make them part of a single, continuous process. A continuance differs from a recess, which is only a short-term interruption of proceedings.

See Also

Stay (Law of the United States).

Concept of Continuance

In the framework of U.S. civil service, a definition of continuance is provided here: The personnel action used to document that an employee has received a waiver from mandatory retirement or the extension of the not-to-exceed date of a previous waiver.

Resources

Continuance Related Resources

• Continuance in the United States Legal Encyclopedia
• Civil Judicial Process Keywords in the United States Legal Encyclopedia
• Civil Process Keywords in the International Legal Dictionary

Notes

• “Continuance”, The American Law Dictionary, 1991, California

Continuance

In the Past

The adjournment of a cause from one day to another is called a continuance, an entry of which is made upon the record.

Developments

If these continuances are omitted, the cause is tnow ended and the defendant is discharged sine die, (see this concept in the corresponding entry on this reference) 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. 3 Bl. Com. 316.

Details

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 Is a discontinuance can never be objected to pendente placito, so after the judgment it is cured by the statute of jeofails. Tidd's Pr. 628, 835.

Other Aspects

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. 1 Chit. Pl. 421, n. (p) ; see Vin. Abr. 454; Bac. Abr. Pleas, etc. P; Bac. Abr. Trial, H.; Comyn's Digest (A digest of the laws of England, 1822) Pleader, V. See, as to the origin of continuances, Steph. Pl. 31; 1 Ch. Pr. 778, 779. [1]

Resources

Notes and References

1. Partialy, this information about continuance is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including continuance.

See Also

Continuance (Civil Judicial Process)

Meaning of Continuance

This is a brief definition of continuance, a term used, in general, in the field of procedural law within the United States: The act of discontinuing or postponing a proceeding until another time or place_ the court is said to continue a case or grant a continuance_ similar to adjournment.