How Many Continuances Can You Get in Court in Missouri

Continuances in Missouri courts are delays granted to pause a proceeding. They can be requested in civil, criminal, and family matters, often to allow for discovery, new evidence, or settlement talks. Missouri judges weigh each request against the interests of justice, docket integrity, and potential prejudice to the other parties. Because there is no universal statutory cap on continuances, the number and length of continuances vary by court, case type, and the judge’s discretion. This article explains how continuances work in Missouri, the factors involved, and practical steps for requesting them.

Understanding Continuances In Missouri Courts

In Missouri, a continuance is an order postponing a scheduled court date. It does not resolve the case but extends the timeline for filing documents, completing discovery, or preparing a defense or argument. Courts distinguish between civil, criminal, and family law matters, but the underlying principle is similar: continuances are granted for a legitimate, specific reason and must not unfairly prejudice the opposing party.

Key distinction: a continuance pauses deadlines and the progression of the case, whereas other postponements may be addressed through scheduling orders or case management rules. In practice, most continuances arise from discovery issues, the need for additional witnesses, or the unavailability of essential parties or counsel.

Civil Versus Criminal Continuances

Civil cases: Continuances in civil matters are typically requested by a party, sometimes with the consent of the other side. Common reasons include waiting on expert reports, completing depositions, or ongoing settlement discussions. Courts may grant short or extended delays depending on the complexity of the case and the impact on the court’s calendar.

Criminal cases: In criminal proceedings, continuances intersect with the right to a speedy trial. Missouri courts require careful balancing of public interest, the defendant’s rights, and the administration of justice. A defendant generally may request a continuance for additional time to prepare a defense, obtain counsel, or address discovery issues. The court may also grant delays to accommodate plea negotiations or the unavailability of a key witness.

Family law matters: In divorces or child custody cases, continuances are often tied to mediation, discovery, or the need to arrange for counsel. The court prioritizes timely resolution of sensitive issues while ensuring due process.

Factors Judges Consider

• Justification for the delay: The movant must show a legitimate need, such as new evidence, scheduling conflicts, or the necessity to consult with counsel.
• Impact on the other party: Courts assess potential prejudice, such as delayed enforcement of obligations or extended uncertainty.
• Docket and court efficiency: A congested docket may limit the number or length of continuances, but judges still weigh fairness and justice.
• Timing of the request: Last-minute requests may be viewed unfavorably unless there is a compelling reason.
• Availability of essential participants: If a key witness, attorney, or evidence source is unavailable, a continuance may be justified.
• Potential for settlement: Courts may favor continuances that foster settlement or alternative dispute resolution.

Common Limits And Practical Realities

There is no single statewide limit on the number of continuances in Missouri. Instead, limits are practical and discretionary, shaped by the judge’s calendar, the type of case, and the stage of proceedings. Some practical realities include:

• Short, targeted continuances are more likely to be granted when they address specific issues (e.g., pending discovery or a single witness’s availability).
• Repeated or excessive delays risk denial or termination of a request, especially if they appear to stall the case or harm the other party.
• Speedy trial considerations in criminal cases may constrain the use of continuances, requiring careful justification and, at times, waivers from the defendant or the state.
• Judicial discretion means outcomes vary by jurisdiction and even by the presiding judge on a given day.

How To Request A Continuance

Procedures for requesting a continuance typically involve filing a motion or a stipulation, depending on the case type. Practical steps include:

• Identify the reason for the continuance with supporting details and any relevant dates or documents.
• Consult opposing counsel to seek agreement when possible, which can streamline the process.
• Submit a formal motion or a joint stipulation with a proposed new schedule, if permissible in the court’s rules.
• Provide notice to all parties as required by local rules and court orders.
• Be prepared to address objections from the opposing side or the court, including potential alternatives such as partial continuances or modified deadlines.

What Happens If A Continuance Is Denied

If a court denies a continuance, parties must proceed on the existing schedule. Depending on the context, options may include:

• Adjusting deadlines modestly by resubmitting filings with corrected dates or clarifications.
• Requesting a limited or expedited hearing to resolve pressing issues quickly.
• Exploring alternative dispute resolution to avoid further delays.

Tips To Minimize The Need For Continuances

• Plan early for discovery and witness availability to reduce last-minute requests.
• Maintain clear communication with opposing counsel and the court about scheduling issues.
• Keep thorough records of all dates, contacts, and document exchange to support timely motions.
• Pre-review all filings for accuracy to prevent needless delays due to missing information.
• Consider mediation or discovery disputes at early stages to resolve issues without formal continuances.