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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.

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