In a complex criminal case, the prosecution made a motion before the court for continuance because it wanted more time to gather up evidence for the upcoming trial. However, the judge denied continuance because further delay of trial would deny the defendant’s right to a speedy trial under the Sixth Amendment of the Constitution.
continuance
Definition
The suspension or postponement of a trial or court proceeding. Continuance is made on a case-by-case basis at the court’s discretion. Courts balance giving the moving party enough time; the need to make the trial timely and speedy; and the interests of justice.
Definition from Nolo’s Plain-English Law Dictionary
The postponement of a hearing, trial, or other scheduled court proceeding, at the request of one or both parties, or by the judge without consulting them. Unhappiness with long trial court delays has resulted in the adoption by most states of "fast track" rules that sharply limit the ability of judges to grant continuances.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:13 pm
"The granting or denial of a motion for continuance in the midst of a trial traditionally rests within the sound discretion of the trial judge who must consider not only the benefit which the moving party anticipates, but also the likelihood that such benefit will result, the burden on other witnesses, jurors and the court and, above all, whether substantial justice will be accomplished or defeated by granting of the motion." J. Moreno, People v. Panah, 35 Cal. 4th 395 (Ca. 2005).
