Lawyers.com > Understand Your Legal Issue > Is Replacing Your Attorney Grounds for a Continuance?

In legal proceedings in the United States, judges have the right to grant what is called a "continuance," which is a temporary postponement of the trial or court hearing. Either the plaintiff or the defendant can request a continuance, but the judge can also issue a continuance without consulting with either party to a case.

Continuances are usually requested when unforeseen events - such as illness or scheduling conflicts - arise. The judge will look at your reason for requesting the continuance, and evaluate whether there is a valid reason for postponing the case. A judge will usually permit a continuance if it is necessary to preserve the rights of each party to a case, and to prevent a miscarriage of justice. Before issuing a continuance, a judge may evaluate your reason for requesting a continuance, whether you've made a good-faith effort to avoid delaying the case, and whether a continuance will give either party an unfair advantage or disadvantage in the case.

Changing attorneys may be valid grounds to requesting a continuance of your case. However, if you have changed attorneys more than once during a case, the judge may feel as if you're switching counsel in an effort to delay proceedings. If this is the case, he's unlikely to grant your motion for a continuance. If you must change attorneys, you should make every effort to hire a new attorney before firing your old one, and do everything possible to help your new attorney get up to speed on your case. These steps should help minimize delays in your case.

It's important to remember that all parties to a case have the right to request a continuance, but judges are not required to grant that request. A continuance should only be requested in serious, unavoidable situations.