An adjournment in court is a temporary pause in a proceeding, with the hearing, trial, or other scheduled event moved to a later date. The case stays active. Nothing is decided, nothing is dismissed, and everyone involved is still bound by the case. Many courts use the word “continuance” or “postponement” for the same thing, and the choice of word depends more on the court than on any difference in effect.
Continuance, Postponement, and Adjournment
If you keep running into “continuance” while searching, that is the same procedure. “Adjournment” is the older term and shows up more often in northeastern states and in formal legal writing. “Continuance” is more common in federal courts and in many state courts. Some courts say “postponement.” Whatever the label, the scheduled event moves to a future date and the case remains open.
The distinction matters for one practical reason: your court’s forms and rules will use one term or the other. If you need to file paperwork asking for a delay, look for the word your court uses, whether that is a motion for continuance, an application for adjournment, or a request for postponement, and follow the local procedure for that filing.
Why Courts Grant Adjournments
Judges do not grant adjournments as a courtesy. There needs to be a legitimate reason, generally described as “good cause.” The most common grounds include:
- Unavailability of a key participant, such as an attorney, essential witness, or party who is ill, dealing with a family emergency, or has an unavoidable conflict with another court proceeding.
- A genuine need for more preparation time, for example when new evidence surfaces, a witness still has to be located, or the complexity of the case makes readiness by the current date unrealistic.
- A change in legal representation, because a newly hired attorney needs time to review the file.
- Settlement negotiations that are close to producing an agreement, where a short delay could avoid a trial.
- Court scheduling problems, when a prior case runs long or a judge is reassigned.
Not every reason carries equal weight. A documented medical emergency gets a far more sympathetic hearing than a vague claim of needing more time. Courts also track how many adjournments a case has already had. The longer the history of delays, the harder the next one becomes to justify.
How to Request an Adjournment
The process starts with a formal request to the judge. You or your attorney file a written motion explaining why the adjournment is needed, what new date you propose, and how the delay would affect the other parties. In federal court, written motions generally must be served at least 14 days before the hearing unless the court sets a different deadline.1Cornell Law School – Legal Information Institute (LII). Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time State courts have their own timelines, so check local rules well in advance.
The judge has broad discretion. When both sides agree, sometimes called a consent adjournment or stipulated continuance, approval is more likely but not automatic. The judge still weighs whether the delay serves the interests of justice and fits the court’s calendar.
When the other side opposes the request, the judge looks at several things: how strong the reason is, whether the opposing party would be harmed by the delay, how many adjournments the case has already had, how close the trial date is, and whether there is any alternative short of postponement. Courts also look at diligence. A last-minute request driven by simple lack of preparation will almost certainly be denied.
Adjournment to a Date Certain vs. Sine Die
Most adjournments come with a specific return date. The judge sets a new date, both sides mark their calendars, and the case picks up where it left off. This is sometimes called an adjournment “to a day certain,” and it is the standard approach for routine scheduling.
Less commonly, a court may adjourn a case “sine die,” a Latin phrase meaning “without a day.” No return date is set. Courts do this when a procedural issue must be resolved before the case can move forward and nobody knows how long that will take. A sine die adjournment does not dismiss the case, but it leaves it in limbo until a party or the court acts to reschedule. If your case gets adjourned sine die, ask your attorney what specific steps are needed to bring it back on the calendar, because it will not happen automatically.
Adjournments in Criminal Cases
Adjournments carry extra weight in criminal proceedings because defendants have a Sixth Amendment right to a speedy trial. Courts evaluate speedy trial claims using a four-factor balancing test that weighs the length of the delay, the reason for it, whether the defendant asserted the right to a speedy trial, and the prejudice the delay caused.2Justia. Barker v Wingo, 407 US 514 (1972) A long series of adjournments can eventually become grounds for dismissal if a defendant’s rights are violated.
In federal criminal cases, the Speedy Trial Act sets hard numbers. An indictment must come within 30 days of arrest, and the trial must begin within 70 days of indictment or arraignment.3Congress.gov. Amdt6.2.1 Overview of Right to a Speedy Trial Not every adjournment counts against that clock. A judge can grant what is called an “ends of justice” continuance that pauses the timer, but only after making specific findings on the record, including that the need for the delay outweighs the public’s and the defendant’s interest in a prompt trial.4Office of the Law Revision Counsel. 18 USC 3161 – Speedy Trial Act
The law specifically prohibits granting these continuances just because the court’s calendar is congested or because the prosecution was not diligent in preparing its case.4Office of the Law Revision Counsel. 18 USC 3161 – Speedy Trial Act That is a meaningful protection: the government cannot keep pushing trial back by claiming it is not ready. Valid grounds for an ends-of-justice continuance include case complexity, the need for a defendant to find counsel, and situations where proceeding without a delay would result in a miscarriage of justice. Most states have their own speedy trial rules with similar structures, though the timelines vary.
What Happens If the Judge Denies Your Request
This is where people get into serious trouble. If the judge denies your adjournment request, the case proceeds as scheduled. You cannot skip the hearing because you asked for a delay and assumed it would be granted. Filing a motion for continuance does not excuse you from appearing. You must show up unless and until the judge explicitly grants the adjournment.
In a civil case, failing to appear after a denied request can result in a default being entered against you. Under federal rules, when a party fails to appear or otherwise defend, the clerk enters a default, and the opposing side can seek a default judgment, meaning you lose without ever presenting your side.5Cornell Law School – Legal Information Institute (LII). Federal Rules of Civil Procedure Rule 55 – Default and Default Judgment State courts follow similar procedures. Getting a default judgment overturned after the fact is possible but difficult and expensive.
In a criminal case, the consequences can be worse. A defendant who does not appear may have a bench warrant issued, face additional charges for failure to appear, and potentially have bail revoked.
How Adjournments Affect Your Case
Every adjournment adds time, and time costs money. If you are paying an attorney by the hour, additional court appearances, rescheduled depositions, and extended case management increase your bills. Witnesses can become harder to reach or less reliable as memories fade. Documents get lost. In family law and criminal matters especially, the emotional weight of an unresolved case grows with each delay.
Adjournments are not always bad news, though. A few extra weeks to prepare a stronger argument, locate a critical witness, or negotiate a settlement can meaningfully improve your outcome. What matters is whether the delay serves a real purpose or just pushes the problem forward.
Courts can also impose costs when adjournments look frivolous or designed to drag things out. If a judge concludes a party or attorney is asking for delays without legitimate cause, sanctions including payment of the other side’s attorney fees are on the table. Request adjournments only when you have a genuine need, file the request as early as you can, and be ready to proceed if the judge says no.