A Missouri Motion for Trial Continuance in the context of personal injury refers to a formal request made by a party involved in a personal injury case to postpone the trial date. This motion is typically based on valid reasons that prevent the trial from proceeding on the scheduled date. A motion for trial continuance allows additional time for preparation, discovery, or resolution of pending issues in order to ensure a fair trial. Various types of motions for trial continuance can be filed in Missouri personal injury cases based on different circumstances. Some of these types include: 1. Medical Treatment Continuance: A plaintiff may file this motion when they require additional time for medical treatment and recovery from injuries sustained in the accident. The motion proposes that delaying the trial will allow the injured party to fully heal or complete necessary medical procedures, thereby providing a more accurate assessment of damages. 2. Discovery Continuance: This motion is commonly filed when there is a need for additional time to complete the discovery process. Discovery involves collecting evidence, interviewing witnesses, and sharing information among the involved parties. If a party believes they require more time to gather evidence or have encountered difficulties during the discovery phase, they may request a trial continuance to ensure a comprehensive investigation. 3. Settlement Negotiation Continuance: Parties may request a continuance if they are actively engaged in negotiations to reach a settlement agreement. This motion allows the parties extra time to finalize the terms of a potential settlement. By postponing the trial, both sides can fully explore settlement options, potentially saving time, and expense associated with a trial. 4. Witness Availability Continuance: If a crucial witness is unavailable on the trial date due to unexpected circumstances, a motion for a continuance may be filed. This situation often arises when a key witness becomes unavailable due to illness, scheduling conflicts, or other personal reasons. Postponing the trial allows the parties to secure the testimony of vital witnesses, ensuring a fair and complete presentation of evidence. 5. Unforeseen Circumstances Continuance: In some cases, unforeseen circumstances may arise, making it impractical or unjust to proceed with the scheduled trial. Examples include the sudden unavailability of an attorney, extreme weather conditions, or family emergencies. Filing a motion for trial continuance due to unforeseen circumstances allows the court to consider the unique situation and determine the appropriate course of action. In conclusion, a Missouri Motion for Trial Continuance in a personal injury case offers parties the opportunity to delay the trial date for valid reasons. Different types of motions for trial continuance can be filed, such as medical treatment continuance, discovery continuance, settlement negotiation continuance, witness availability continuance, and unforeseen circumstances continuance. These motions provide a way for the parties involved to ensure fairness, gather essential evidence, negotiate potential settlements, or address unexpected circumstances that may affect the trial process.
Missouri Motion for Trial Continuance - Personal Injury
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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.