This form is a sample motion to continue filed by the defendant requesting that a new trial date be set due to actions taken by the plaintiff which defendant believes will unfairly prejudice the jury.
Missouri Motion for Trial Continuance - Personal Injury
State:
Multi-State
Control #:
US-PI-0060
Format:
Word;
Rich Text
Instant download
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How to fill out Motion For Trial Continuance - Personal Injury?
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FAQ
For good cause shown, the court may continue a civil action to a fixed day, or to a date for trial to be set thereafter. Every continuance granted on the application of a party may be at the cost of such party, if so ordered by the court.
If the process cannot be served it shall be returned to the court within thirty days after the date of issue with a statement of the reason for the failure to serve the same; provided, however, that the time for service thereof may be extended up to ninety days from the date of issue by order of the court.
To obtain a continuance and/or delay of a trial setting in Missouri, a party needs to comply with Rule 65.03. This requires, among other things, that the request be accompanied by the affidavit of the movant or some other credible person setting forth the facts upon which the request for continuance is based.
55.28. When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.
A defendant shall file an answer within thirty days after the service of the summons and petition, except where service by mail is had, in which event a defendant shall file an answer within thirty days after the acknowledgment of receipt of summons and petition or return registered or certified mail receipt is filed ...
55.34. (a) If a case removed to federal court is remanded to a court of this state, the date of the remand order is deemed the date of service for determining when a pleading shall be filed or an action taken.
For all documents offered for filing in any court, the responsibility for redacting confidential information rests solely with the counsel, party, or other person filing the document. (c) Manner of Redacting. All redactions shall be done in a manner that makes it clear that the information has been redacted.
55.07. When a party intends in good faith to deny only a part or a qualification of an averment, the party shall specify so much of it as is true and shall deny only the remainder. A party shall respond to all specific averments as provided in this Rule 55.07 and shall not generally deny all the specific averments.