What is a continuance?
A continuance is a court order that delays or postpones a legal proceeding or trial. In the context of going to court in South Carolina, a continuance is a request by either party (the plaintiff or defendant) to delay the proceedings to a future date. This request is usually granted if there is a valid reason, such as if a witness is not available or if one of the parties needs more time to prepare. There are also situations where a continuance is required by the court, such as when a case is not ready to proceed or when the court is too busy to hear the case. A continuance can be granted upon agreement of both parties, or ordered by a judge. The judge will usually consider factors such as the complexity of the case, how long the delay will last, the potential harm to either party, and any possible prejudice to either side. The request for a continuance should be made in writing to the court, either directly or through a lawyer. The court will then make a decision and communicate it to both sides. If a continuance has been granted, the court may set a new date for the trial or give instructions regarding what will happen until then. It is important for both parties to take note of this information and follow any applicable court orders. If both parties do not abide by the court-ordered continuance, they may face penalties and be in violation of the court’s rules.
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