Continuance by agreement is achieved through what?

Continuance by agreement is achieved through what?

• A. Consent of both parties in open court.
• B. Consent of the defense only.
• C. Consent of the judge only.
• D. Consent of the clerk.

Answer: (A)

Continuance by agreement happens when both sides agree to delay the case and ask the court to reschedule. The important point is mutual consent, and the request is typically made in open court so the judge and the record show exactly what has been agreed and why. This ensures transparency, prevents surprise, and helps protect both parties from unfair prejudice as the case moves forward. The judge then issues the continuance by formal order reflecting the new date. A continuance cannot be granted by the clerk alone, and it cannot be based on the defense’s consent alone or the judge’s consent alone without the other party’s agreement.

Continuance by agreement happens when both sides agree to delay the case and ask the court to reschedule. The important point is mutual consent, and the request is typically made in open court so the judge and the record show exactly what has been agreed and why. This ensures transparency, prevents surprise, and helps protect both parties from unfair prejudice as the case moves forward. The judge then issues the continuance by formal order reflecting the new date. A continuance cannot be granted by the clerk alone, and it cannot be based on the defense’s consent alone or the judge’s consent alone without the other party’s agreement.