Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Continuance and the related topic of personal injury.   

Continuance-Statutes

See Va. Code § 8.01-16 indicating that new party to suit may, in discretion of court, have continuance.

Continuance-Cases

1968 Jordan v. Taylor, 209 Va. 43, 161 S.E.2d 790.

Defendant’s counsel employed court reporter who was told trial would not be held. Not error to deny motion for continuance and proceed with trial until reporter could be present. Narrative record was adequate.

1968 Hicks v. Cassidy, 208 Va. 610, 159 S.E.2d 827.

Motion for continuance denied since no showing as to when witness would be available and witness’s prior testimony was read into evidence.

1948 Bradley v. Poole, 187 Va. 432, 47 S.E.2d 341.

Granting of continuance is within sound discretion of trial court. Where defendant’s expert had been subpoenaed to give testimony important to defendant’s case and was subsequently excused from subpoena by trial court and defendant’s motion for continuance was denied, then such shows abuse of discretion to prejudice defendant.

1945 Piccolo v. Woodford, 184 Va. 432, 35 S.E.2d 393.

Motion for continuance is within sound discretion of trial court. Where motion is based on unavailability of witness, there must be showing that witness would be available at later date.