A Virginia Continuance Order is a court order issued by a judge in the Commonwealth of Virginia that allows a case to be continued to a future date. This type of order is typically issued when a party needs additional time to prepare for a trial or hearings, or when a party is unable to appear due to illness or other reasons. There are three types of Virginia Continuance Orders: a Transitional Continuance Order, an Indefinite Continuance Order, and a Discharge or Dismissal Order. A Transitional Continuance Order is used to move a case to a later date while an Indefinite Continuance Order is used when a case needs to be continued indefinitely. A Discharge or Dismissal Order is used to dismiss a case altogether.
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Continuance Order -
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Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.
Requests made at the time of trial may be granted only upon a showing that to proceed with the trial would not be in the best interest of justice. No party shall request a continuance in excess of sixty (60) days.
All civil continuance requests must be submitted in writing. The court's Request for Court Action Form is available to use for continuance requests. The continuance date must be an available date provided by the clerk's office. Continuance requests should be made as far in advance as possible.
Continuances should not be granted except by, and at the discretion of, a judge for good cause shown, or unless otherwise provided by law. The judge may, by order, delegate to the clerk the power to grant continuances consented to by all parties under such circumstances as are set forth in the order.
Typically you can continue a case only once, maybe twice, unless you have a compelling reason, so use your continuances sparingly.
All continuance requests shall be in writing using the Continuance Request Form provided by the Clerk, and may be mailed, faxed, or hand-delivered. A continuance may be granted if the Court receives the request least seven (7) days prior to the hearing.