If a defendant requests a continuance by phone, can the clerk grant it?

If a defendant requests a continuance by phone, can the clerk grant it?

• A. No, clerks may grant continuances.
• B. Yes, the clerk may grant the continuance.
• C. Only with judge's approval.
• D. Only for civil matters.

Answer: (A)

The ability to handle continuances is part of court administration, where the clerk often manages the calendar and can act on routine scheduling needs. When someone calls to request a continuance by phone, the clerk can grant a short administrative continuance within the court’s established policies. This keeps the docket moving and avoids unnecessary appearances, provided the delay isn’t prejudicial to the defendant’s rights or outside the scope of what the court allows administratively. If a longer delay or a matter that requires the judge’s consideration arises, the judge would be involved, but for a typical phone-request continuation, the clerk has the authority to grant it.

The ability to handle continuances is part of court administration, where the clerk often manages the calendar and can act on routine scheduling needs. When someone calls to request a continuance by phone, the clerk can grant a short administrative continuance within the court’s established policies. This keeps the docket moving and avoids unnecessary appearances, provided the delay isn’t prejudicial to the defendant’s rights or outside the scope of what the court allows administratively. If a longer delay or a matter that requires the judge’s consideration arises, the judge would be involved, but for a typical phone-request continuation, the clerk has the authority to grant it.