Minnesota Statutes

Minn. Stat. § 631.02 (2026)

Continuances For Sufficient Cause

✓ current as of May 2026
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A continuance may be granted by the court when a case is called for trial, or at any time during pretrial proceedings, upon motion of either the prosecution or defense. The moving party must show sufficient cause for the continuance. Affidavits in support of the motion for continuance must be filed with the court administrator. When a defendant who has given bail appears for trial, the court may at any time after the appearance order the defendant committed to the custody of the proper officer of the county, pending judgment or further order of the court.

Notes of Decisions
Cited in 2 cases, 1978–2015 · leading case: State v. Hamilton, 268 N.W.2d 56 (Minn. 1978).
State v. Hamilton, 268 N.W.2d 56 (Minn. 1978). “It should also be noted that by § 631.02 the legislature has authorized the trial court to postpone by continuance the time an indictment is brought to trial where “sufficient cause” is shown by either party.”
State of Minnesota v. Douglas John Olson, 867 N.W.2d 258 (Minn. Ct. App. 2015). · cites it 2× “Minn.Stat. § 631.02 (2012). The parties have a limited role and a significant burden when it comes to efforts to continue: “either the prosecution or defense” may move the court for a continuance, and the moving party “must show sufficient cause for the continuance.”
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