court and the opposing party (other litigants). The Federal Rules of Civil Procedure confers on federal district courts the authority to make local practice and procedure rules. In general, written requests are required. Failure in this will lead to a refusal for a continuance. Affidavits outlining the reasons for application of a continuance are usually required to accompany the written request. Hearing and order for a continuance A hearing may be held on the issue of the propriety of an application for a continuance. However, there is no absolute requirement that a formal hearing in the matter of a continuance. It is reversible error to deny a continuance because the trial court thought the defendant was malingering. This occurred when the court came to a conclusion outside the facts presented at trial, and were contradictory to a physician's testimony that it was unsafe for the defendant to appear. A continuance is a judicial act and takes a judicial act to overturn it. It is within the discretion of the court to assign and impose costs for a continuance in a civil case. Extensive case law reviewed. As a condition to granting a continuance, a court may require a plaintiff to a file a bond securing a payment of all court costs incurred. See also Barker v. Wingo Change of venue Due process Fourteenth Amendment of the United States Constitution Powell v. Alabama Sheppard v. Maxwell Sixth Amendment to the United States Constitution Subpoena ad testificandum Subpoena duces tecum References American legal terminology