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.
Missouri Motion for Continuance - Personal Injury
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How to fill out Missouri Motion For Continuance - Personal Injury?
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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.