Which statement about continuances is accurate?

Which statement about continuances is accurate?

• A. The clerk may grant continuances on request.
• B. The clerk may grant continuances for any case.
• C. The clerk is never allowed to grant continuances.
• D. The clerk may grant continuances only with judge's approval.

Answer: (D)

Granting a continuance is a judicial action; the judge controls whether a hearing is delayed and by how long. The clerk serves as the court’s scheduling staff and handles the paperwork, notices, and updating the docket, but the decision to postpone a case rests with the judge. When a continuance is requested, the clerk reviews the request for proper form and timeliness and then presents it to the judge for ruling. If the judge approves, the clerk sets a new date and notifies all parties. This preserves the defendant’s and the public’s rights and keeps the case on a fair, orderly schedule. The other statements aren’t correct because they either imply the clerk can grant delays without judge involvement, apply the authority too broadly to all cases, or claim the clerk never has any role in granting continuances. In practice, the clerk facilitates the process, but the actual approval comes from the judge.

Granting a continuance is a judicial action; the judge controls whether a hearing is delayed and by how long. The clerk serves as the court’s scheduling staff and handles the paperwork, notices, and updating the docket, but the decision to postpone a case rests with the judge.

When a continuance is requested, the clerk reviews the request for proper form and timeliness and then presents it to the judge for ruling. If the judge approves, the clerk sets a new date and notifies all parties. This preserves the defendant’s and the public’s rights and keeps the case on a fair, orderly schedule.

The other statements aren’t correct because they either imply the clerk can grant delays without judge involvement, apply the authority too broadly to all cases, or claim the clerk never has any role in granting continuances. In practice, the clerk facilitates the process, but the actual approval comes from the judge.