Continuance For Trial In Illinois
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FAQ
Judge might deny it because it's becoming an older case and needs to be moved along, especially as it nears 5 years. Judge might want an explanation if trial has been set for many months and you show up weeks before asking to continue the trial without explaining.
Generally there is no specific number of continuances allowed by law. The granting of continuances are 'within the sound discretion of the court', and generally there is no limit to the number of continuances. So long as there is a good reason for a continuance, then a Judge can keep granting them.
And even the courts closing due to bad weather. Each of these reasons can lead to a continuence.MoreAnd even the courts closing due to bad weather. Each of these reasons can lead to a continuence. Which is essentially a postponement of the trial.
The continuence might be longer this allows both parties adequate time to prepare their casesMoreThe continuence might be longer this allows both parties adequate time to prepare their cases properly.
Judges have wide discretion to grant and deny continuances. Some judges routinely grant requests from all lawyers. Others may be reluctant if they believe there is not a good reason for delay. Some judges can be very tough with continuances, and may refuse most requests.
If you need time to find emergency counsel to handle your business fraud case, breach of fiduciary duty complaint, intellectual property claim, employment litigation, or any other type of legal matter, you may want to request a continuance.
How Many Continuances Are Allowed? Typically, there's no limit on the number of continuances that a defendant can request. That said, a judge won't look favorably on repeated requests, especially if they appear to be delay tactics. Repeated requests, made without good cause, will be denied.
Motions are electronically filed (e-file) with the court clerk where your case is being heard and are decided by a judge at a motion hearing. Sometimes, the judge will decide the motion during the motion hearing. Other times, the judge may take the motion “under advisement” and issue a ruling later.
But, if any party files a Motion to Reconsider (or similar post-judgment motion) within 30 days of the final judgment, you must file your Notice of Appeal within 30 days after the trial court rules on the Motion.
The purpose of a motion to reconsider is to bring to the trial court's attention (1) newly discovered evidence not available at the time of the hearing, (2) changes in the law, or (3) errors in the court's previous application of existing law.
