Continuing an Injunction

When it comes to Civil Injunctions, both parties are entitled to due process, and an opportunity to present their case before a court. When one of the parties needs to request a continuance before trial, the judge has to apply a three-pronged test to assess whether a continuance should be granted.  

First, the judge has to determine whether the continuance will result in an injustice. Would either party be unfairly prevented from presenting evidence or arguments before the court? This is a basic due process right everyone has before any court can issue a final order of Injunction. 

Second, the court should ascertain whether or not the continuance was foreseeable. If it is due to something that the party asking for the continuance could not foresee, this factor would lend in favor of granting a continuance. 

Third, would the party not asking for the continuance be prejudiced if the trial has to be rescheduled? If not, that lends in favor of granting the continuance as well.  

Here is a case you can cite if you need to ask a court to grant a continuance in your injunction case.  

KANDYCE MCPHERSON, Appellant, v. KILLYAH SAMUEL, Appellee. 4th District. Case No. 4D2023-2613. July 24, 2024

Attorney Thomas “Fighter” Feiter

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