What is a legal continuance?

Definition. The suspension or postponement of a trial or court proceeding. Continuance is made on a case-by-case basis at the court's discretion. Courts balance giving the moving party enough time; the need to make the trial timely and speedy; and the interests of justice.

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Mississippi Motion for Continuance

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Name: Mississippi Motion for Continuance
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.79 (437 reviews)

Category:

Mississippi Civil Actions - Personal Injury - Motions

State:

Mississippi

Control #:

MS-62703

Format:

Instant download

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A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion for Continuance, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-62703

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The rule of reason applies to postponing a court date. If the justification is reasonable, related to trial preparation, your health or that of a family member, or a matter of some importance scheduled before the court date was set, the judge will likely have no problem with a request for postponement.

A Motion to Continue is a request by one or both parties in a legal dispute to the Court to extend or reschedule a hearing or trial date to a specified new date.

Continuances Based on Inadequate Time. Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Continuances Based on Changing the Indictment or Attorney. Continuances Based on Surprises.

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.

Take your completed Form SC-150 or letter to the clerk's office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.

A valid emergency can serve as an excuse for missing a court date. Some examples of legitimate emergencies include: An emergency room visit for a sudden, debilitating medical condition. A sick child.

A continuance in a criminal trial is a formal delay of the trial that can be requested by either side, before or during the trial.Requesting a continuance and receiving one are two very different things; it is important to have a good reason behind the request because it is a good reason the judge will expect.

Definition. The suspension or postponement of a trial or court proceeding. Continuance is made on a case-by-case basis at the court's discretion. Courts balance giving the moving party enough time; the need to make the trial timely and speedy; and the interests of justice.

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How to fill out Expect Absent Trial?

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