Continuance

A continuance is a court order that reschedules a hearing, pretrial conference, or trial to a later date. They are extremely common in criminal cases — the average felony case in Minnesota involves multiple continuances before reaching resolution. Either the prosecution or defense may request a continuance, and judges generally grant them liberally in pretrial stages, though less so as a trial date approaches.

Common reasons for continuances include: the defense needs more time to review evidence or conduct investigation, a key witness is unavailable, a plea negotiation is ongoing, the prosecutor needs additional time to prepare, or there are scheduling conflicts. Courts track continuances to ensure defendants' Sixth Amendment speedy trial rights are not violated.

In Minnesota, a defendant has the right to a trial within 60 days of demanding one (for gross misdemeanors) or within 6 months for felonies under Rule 11.10 of the Minnesota Rules of Criminal Procedure. However, defendants frequently waive this right by agreeing to continuances. Each waiver resets the clock.

When MN CRIME covers a case, the initial complaint is just the beginning. High-profile cases often take months or years to resolve as they move through hearings, omnibus proceedings, and plea negotiations. WatchDog at mncrime.com/watchdog lets you stay on top of any case or defendant — you'll be notified when new activity is logged rather than having to track it manually.