Mississippi Motion for Continuance

State:
Mississippi
Control #:
MS-62703
Format:
Word; 
Rich Text
Instant download

Overview of this form

A Motion for Continuance is a formal written request submitted to the court, asking for a delay in a scheduled court proceeding. This document allows a party to request additional time, usually due to the unavailability of a witness or other crucial factors impacting their case. It differs from other motions as it specifically focuses on postponing court dates rather than requesting different actions or immediate decisions by the court.

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Common use cases

This form is useful in several scenarios, such as when a critical witness cannot attend the trial due to personal reasons, health issues, or other unavoidable obligations. It can also be applied if new evidence has emerged that requires additional time to gather or if legal counsel needs more time to prepare adequately for the case.

Who this form is for

  • Individuals involved in a civil or criminal proceeding who require a delay in their court date.
  • Legal representatives seeking additional time to gather evidence or prepare for trial.
  • Parties whose witnesses are unable to attend the scheduled trial due to legitimate reasons.

Completing this form step by step

  • Identify the parties involved in the case and fill in their names at the beginning of the motion.
  • Clearly state the reason for requesting a continuance, detailing the circumstances that led to the delay.
  • Attach supporting documents, such as an affidavit or evidence that backs your request.
  • Reiterate that the delay is necessary for justice, not for the purpose of hindering the court process.
  • Sign and date the motion before submitting it to the court.

Notarization guidance

In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.

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Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

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Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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We protect your documents and personal data by following strict security and privacy standards.

Typical mistakes to avoid

  • Failing to provide a valid reason for the continuance.
  • Not including supporting documentation or affidavits.
  • Missing deadlines for submitting the motion to the court.

Benefits of completing this form online

  • Convenience of downloading and completing the form at your own pace.
  • Editability allows you to personalize the form to fit your specific circumstances.
  • Access to templates drafted by licensed attorneys ensures legal compliance and reliability.

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FAQ

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.

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.

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.

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 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.

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 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.

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.

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Mississippi Motion for Continuance