Missouri Motion for Continuance - Personal Injury

• Category: Civil Actions - Personal Injury - Sample Motions
• State: Multi-State
• Control #: US-PI-0221
• Format: Word; Rich Text

Description

This form is a motion to continue based upon the unavailability of a witness, filed by the plaintiff in a personal injury action case. A Missouri Motion for Continuance in a personal injury case is a legal request made by one party to postpone or reschedule the trial or other proceedings due to various reasons. It is typically filed by the plaintiff or defendant with the intention of gaining more time to prepare, gather evidence, or address any unforeseen circumstances that may hinder the fair progression of the case. In personal injury cases, where individuals seek compensation for damages resulting from negligence or intentional harm caused by another party, Missouri law allows for the filing of different types of motions for continuance. Here are some of the key categories: 1. Standard Motion for Continuance: This is the most common type of motion and can be filed by either the plaintiff or the defendant. It requests a general extension of time before the trial or hearing. 2. Medical Continuance Motion: Often, personal injury cases involve medical issues where the condition of the plaintiff requires further medical treatment, recovery time, or additional evaluations. In such situations, this motion can be filed to allow the injured party to complete their treatment or receive an expert medical opinion. 3. Expert Continuance Motion: When an expert witness's availability becomes a concern or if additional time is needed to secure an expert witness, a motion for expert continuance can be requested. This motion enables the party to locate, hire, and prepare the expert witness adequately. 4. Discovery Continuance Motion: Discovery refers to the process of gathering evidence before the trial. If either party needs more time to complete the discovery process due to the complexity or volume of evidence, they can file a discovery continuance motion. 5. Settlement Continuance Motion: In cases where settlement negotiations are underway or potential settlement discussions are taking place, the involved parties may request a settlement continuance to allow for more time to reach a potential agreement before proceeding to trial. It is important to note that each motion for continuance must provide a valid and reasonable basis for the request, supporting the claim that additional time is necessary to ensure a fair and just resolution of the case. The court will review the motion and consider various factors such as the opposing party's position, potential prejudice, and the overall impact on the administration of justice before granting or denying the request.

A Missouri Motion for Continuance in a personal injury case is a legal request made by one party to postpone or reschedule the trial or other proceedings due to various reasons. It is typically filed by the plaintiff or defendant with the intention of gaining more time to prepare, gather evidence, or address any unforeseen circumstances that may hinder the fair progression of the case. In personal injury cases, where individuals seek compensation for damages resulting from negligence or intentional harm caused by another party, Missouri law allows for the filing of different types of motions for continuance. Here are some of the key categories: 1. Standard Motion for Continuance: This is the most common type of motion and can be filed by either the plaintiff or the defendant. It requests a general extension of time before the trial or hearing. 2. Medical Continuance Motion: Often, personal injury cases involve medical issues where the condition of the plaintiff requires further medical treatment, recovery time, or additional evaluations. In such situations, this motion can be filed to allow the injured party to complete their treatment or receive an expert medical opinion. 3. Expert Continuance Motion: When an expert witness's availability becomes a concern or if additional time is needed to secure an expert witness, a motion for expert continuance can be requested. This motion enables the party to locate, hire, and prepare the expert witness adequately. 4. Discovery Continuance Motion: Discovery refers to the process of gathering evidence before the trial. If either party needs more time to complete the discovery process due to the complexity or volume of evidence, they can file a discovery continuance motion. 5. Settlement Continuance Motion: In cases where settlement negotiations are underway or potential settlement discussions are taking place, the involved parties may request a settlement continuance to allow for more time to reach a potential agreement before proceeding to trial. It is important to note that each motion for continuance must provide a valid and reasonable basis for the request, supporting the claim that additional time is necessary to ensure a fair and just resolution of the case. The court will review the motion and consider various factors such as the opposing party's position, potential prejudice, and the overall impact on the administration of justice before granting or denying the request.