Continuance — in plain language

Plain language

the act of postponing a court hearing or trial to a later date, or the ongoing existence of a condition or situation

• postponement
• delay
• extension
• ongoing existence
• continuation

What to watch for

• In court contexts, 'continuance' sounds like 'continuation' but means postponement — the opposite of continuing. Always check whether the sentence refers to delaying a proceeding or the ongoing existence of something.
• In contracts, 'continuance' often appears in phrases like 'during the continuance of a default' — this means 'while the default is still happening,' not 'while the default continues to exist.' The plain-language version should clarify the temporal scope.
• Non-lawyers often confuse 'continuance' with 'continuation.' In court settings, a continuance stops something temporarily; in contract settings, it describes something that persists.
• The term appears in boilerplate contract language ('during the continuance of any Event of Default') where it functions as a condition trigger. Translating it as 'if a default happens' loses the ongoing nature of the condition.

Two Very Different Meanings. The word "continuance" has almost opposite meanings depending on context. In court proceedings, it means stopping or postponing something. In contracts, it means something continuing to exist. The plain-language translation must match the context.

What to Watch For.

• Court scheduling language: Look for phrases like "motion for continuance," "granting a continuance," or "continuance requested." These all relate to postponing proceedings.
• Contract condition language: Phrases like "during the continuance of," "occurrence and continuance of," or "continuance of employment" describe ongoing states or conditions.
• Notice requirements: Court continuances often require written requests and may have deadlines. Contract continuances may trigger automatic consequences.

Common Misunderstandings by Non-Lawyers.

• "'Continuance' sounds like it means 'keep going,' but in court it means 'stop for now.'" (True in court context — it's a postponement.)
• "If my court date is continued, I don't have to do anything." (False — you must still appear on the new date, and there may be procedural requirements.)
• "A continuance in my contract means the contract keeps going." (Not necessarily — it depends on what condition is continuing.)

Legal definition

When used in court, a continuance is when a judge agrees to move a hearing or trial to a later date. When used in contracts, it refers to something that continues to exist or remain in effect — like the ongoing state of a default or the continuation of an obligation.

Meanings by context

court proceedings: When a judge or lawyer asks to move a court date to a later time, that's a continuance.

contracts and legal conditions: The state of something continuing to exist or remain in effect.

Examples

Where you'll see it

• court scheduling
• criminal cases
• civil litigation
• contract clauses
• default provisions

Related terms

• adjournment
• postponement
• extension
• default
• suspension

Word details

Pronunciation

kohn-TIN-yoo-ans

Part of speech

noun

Origin

Latin — from 'continuare' — to continue, carry on

Domains

civil procedure, criminal procedure, contract law

Frequency

common

Formality

moderate