This form is a motion to continue based upon the unavailability of a witness, filed by the plaintiff in a personal injury action case.
Missouri Motion for Continuance - Personal Injury
State:
Multi-State
Control #:
US-PI-0221
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion For Continuance - Personal Injury?
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FAQ
Rule 51.05 of the Missouri Rules of Civil Procedure states that every party has a right to change of judge upon application ? the ?one strike? rule. The application must be filed within 60 days of service of process or 30 days from designation of the trial judge, whichever is longer.
An application for a continuance shall be made by a written motion accompanied by the affidavit of the applicant or some other credible person setting forth the facts upon which the application is based, unless the adverse party consents that the application for continuance may be made orally.
65.01. 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.
Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own's interest in any litigation.
Typically, there are no limits on the number of continuances that a defendant may request. However, the court will not look favorably upon repeated requests for continuances, especially if they appear to be delay tactics. Repeated requests that are made without good cause will be denied.
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.
Rule 94.03 states: Application for a writ of mandamus shall be made by filing a petition in mandamus in the appropriate court.
A continuance is a judicial act and takes a judicial act to overturn it. It is within the discretion of the court to assign and impose costs for a continuance in a civil case. Extensive case law reviewed.