What Is a Continuance? Why Courts Grant Them — and What One Means for Your Case
If you have a case pending in a Virginia court, few things are more deflating than preparing yourself for a court date — arranging time off work, lining up family, steeling your nerves — only to hear the judge say the case is continued. It feels like nothing happened. In reality, something very ordinary and often very important happened. Here's what a continuance actually is, why lawyers and courts use them, and what one may mean for you.
What a Continuance Is…
In Virginia Courts, a continuance is simply the court rescheduling a hearing or trial to a later date. The case is not dismissed, not decided, and not forgotten — it is moved. Either side may ask for one, and sometimes the court continues a case on its own. The decision rests with the judge, who weighs the reason for the request against the interest everyone shares in resolving cases promptly.
…Why Continuances Are Used…
The most common reasons are practical ones:
An unavailable witness. Trials run on live testimony. If a necessary witness is ill, out of state, in the hospital, or otherwise cannot appear, the fair course is usually to try the case when that person can be there — rather than proceed with half the story. Courts routinely grant continuances on this ground, for the prosecution and the defense alike.
Time to prepare. New evidence surfaces, new charges are added, an expert needs to review records, or counsel was retained late. A rushed trial helps no one, and a conviction or judgment obtained in a hurry is more vulnerable to challenge later.
Court congestion. Sometimes the courtroom itself is the problem — another trial ran long, or the docket is simply full.
Ongoing negotiations. In both criminal and civil matters, a short continuance can give the parties room to finish plea discussions or settlement talks that may resolve the case without a trial at all.
… And What a Continuance Can Mean for Your Case
It is not a ruling. A continuance says nothing about the strength or weakness of either side's case. Judges grant them for scheduling reasons, not as signals.
Time can work for you — or against you. Delay gives your lawyer more time to investigate, locate witnesses, and prepare. But memories fade and circumstances change on both sides. Part of your attorney's job is deciding whether to seek a continuance, agree to one, or oppose it — and that calculation is different in every case.
Speedy trial rights still apply — with caveats. A person charged with a crime has constitutional and statutory speedy trial protections; in Virginia, the statutory clock is set by Code § 19.2-243. But continuances requested by or agreed to by the defense generally stop that clock. Whether to object to a continuance is therefore a strategic decision your attorney should discuss with you, not a formality.
Your obligations continue. Bond conditions, no-contact orders, and any other court directives stay fully in force until the new date. A continuance moves the trial — it does not relax the rules in the meantime.
Plan for the new date the same way. Treat the rescheduled date as the real one, because it is. Stay in touch with your lawyer, keep your witnesses informed, and use the added time productively.
The Bottom Line
Continuances are one of the most routine events in any courthouse, and many cases see at least one. They exist because trials are supposed to be decided on complete evidence, presented by prepared parties, in front of an available court — not on whoever happened to show up. If your case has been continued and you're unsure what it means for you, ask your attorney to walk you through the reason, the new timeline, and how the extra time will be put to use. If your case was continued because you need time to find an attorney, don’t hesitate to contact Rouleau Law for a consultation.
This article is for general information only and is not legal advice. Every case is different. If you have questions about your own legal matter, consult a licensed attorney.
