A divorce or family law trial can be a stressful experience for individuals going through it. Knowing that their fate is in the hands of one family law judge can be a sobering experience.

In the months, weeks, and days leading to the trial, the anxiety can ratchet up for many. Preparing for a trial can also result in an individual incurring a great deal of attorneys’ fees. The cost for depositions, subpoenas, and preparing exhibit books and examination questions can be high.

Sometimes, a client can appear in court with the idea that a trial will occur. However, the trial ends up being continued. For many clients, a continuance can lead to more stress, anxiety, and fees.

A trial date can be continued for many different reasons. A trial may be continued in the days or weeks before the trial date. But, sometimes, a trial can be continued on the trial date.

Why Are Trials Continued?

The reasons for a continuance can be far in number. However, it is common for a judge to have numerous cases set for trial on the same day. The court may even note the order of preference in which the cases will be heard by labeling a trial a number one, two, or three trial setting, etc.

Courts may sometimes set multiple trials on the same day with the idea that many cases will be settled outside of court. Thus, if only one case was set for trial and that case was settled, then the judge would hear no cases that day. For this reason, it is often wise for a party to learn what else is on the judge’s docket that day. For example, if the case is not a number one setting, it might not be heard because the judge heard a higher setting.

In other circumstances, one party may request a continuance. It might be that they did not receive the discovery responses needed to try the case. It could be that an essential witness/party is not available or sick. Perhaps one party requests time for more discovery or that more time be given for settlement discussions.

What To Do If There Is A Continuance

A continuance can frustrate a party who wants their case to end. But the reality is that continuance is uncommon in divorce, paternity, and family law litigation. Some judges may be less lenient with continuance requests, but others may grant them more freely. The length of the case has been pending can often be a factor in the judge’s mind.

Thus, parties need to keep moving forward if a continuance is granted. It can certainly be frustrating, but there is no other choice.