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Click ‘Get Form’ to open the Mississippi Motion for Continuance in our editor.
Begin by entering the name of the defendant and their attorney in the designated fields at the top of the form. This information is crucial for identifying the parties involved.
In section one, provide details regarding the indictment by filling in the specific charges and court term. Ensure accuracy as this sets the context for your motion.
For section two, include information about any petitions filed, such as a Petition for Writ of Error Coram Nobis. Attach any relevant exhibits that support your claims.
In section three, specify when you believe your petition should be heard during the court term. This helps establish a timeline for your request.
Section four requires you to articulate why a continuance is necessary. Clearly state any concerns regarding evidence that may affect the trial's outcome.
Finally, sign and date the document at the bottom, ensuring all required signatures are included before submission.

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How long is a motion for continuance?

A continuance can last as long as required to sort out the issue. Some lawyers may request several months to prepare for trial. A judge will allow a short time if the grounds for continuance were an illness. The court usually determines the appropriate time required to prepare for trial.

What is a motion for continuance in Mississippi?

MOTION FOR CONTINUANCE THIS MOTION IS NOT FOR PURPOSES OF DELAY, BUT IS MADE SO THAT JUSTICE MAY BE DONE. NOTICE OF THIS MOTION HAS BEEN SERVED ON THE OPPOSING PARTY, AND IF REPRESENTED BY COUNSEL, THE OPPOSING PARTYS ATTORNEY OF RECORD.

What is the definition of motion for continuance?

The judge may, however, deny a continuance if the judge determines that your lawyer had enough time to prepare and there were no surprise events. The judge can also deny the request if either the attorney from the prosecution or the defense causes the need for more time through negligence.

How long does a judge have to rule on a motion in Mississippi?

Judges expect the party who is requesting a continuance to have been diligent in preparing for trial. If you have not made a reasonable effort to obtain replacement counsel, the judge may deny your continuance request.

What happens when you get a continuance?

Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.