Fill and Sign the Motion Continuance Trial Form

IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       PLAINTIFF VS. CAUSE NO.             DEFENDANT MOTION FOR CONTINUANCE NOW COMES       , Plaintiff, and files this his/her Motion for Continuance in the trial of this cause set for       , and in support thereof would show as follows, to-wit: I. This cause is set for trial in this Court on       . II. One of the witnesses for Plaintiff at the trial of this cause will be       , who was a passenger in the vehicle with the Plaintiff at the time of the automobile accident between Plaintiff and Defendant. III. Plaintiff's witness cannot be located at this time, and it is probable that he/she will not be available to testify at trial on       IV.       is a material and necessary witness for the Plaintiff. There are no other witnesses known to the Plaintiff who can testify to the particular facts Plaintiff expects to prove by this absent witness. V. Plaintiff had no reason to believe this witness would not be available for trial, and in fact, fully expected him/her to be available at all times to prepare for trial and to testify at trial. VI. Through this absent witness, Plaintiff expects to prove facts showing the cause of the accident and facts concerning Plaintiff's physical condition both before and after the accident. VII. Plaintiff's Affidavit in support of this Motion is attached hereto as Exhibit "A" and is incorporated herein by reference. VIII. This Motion is not being made for purposes of delay but so that justice may be done. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays this Court will grant a continuance in the trial of this cause set for       . RESPECTFULLY SUBMITTED this the       day of       20       . By: _________________________       Plaintiff's Attorney - 2 - IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       PLAINTIFF VS. CAUSE NO.             DEFENDANT NOTICE OF MOTION TO:       PLEASE TAKE NOTICE that Plaintiff's Motion for Continuance will be heard before the Honorable       ,       ., Circuit Court Judge, on       at       o'clock a.m/p.m at the       County Circuit Courthouse,       , Mississippi, or as soon thereafter as counsel may be heard. RESPECTFULLY SUBMITTED this the       day of       20       . By: _________________________________________       Plaintiff's Attorney CERTIFICATE OF SERVICE I,       , counsel of record for the Plaintiff, do hereby certify that I have this day delivered a true and correct copy of the above and foregoing Motion for Continuance and Notice of Motion to the following counsel of record for the Defendant: THIS, the       day of       , 20       . ________________________________________________       IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       PLAINTIFF VS. CAUSE NO.             DEFENDANT AFFIDAVIT OF       STATE OF MISSISSIPPI) COUNTY OF       ) THIS DAY PERSONALLY APPEARED BEFORE ME, the undersigned legal authority in and for the jurisdiction aforesaid, the within named       who being by me first duly sworn, did state on his oath as follows, to-wit: 1. Affiant is the Plaintiff in the above entitled cause of action. 2. This cause has been set for trial on       in the Circuit Court of       County, Mississippi. 3. One of the witnesses for Affiant at the trial of this cause will be       . This witness was a passenger in the vehicle with Affiant at the time of the automobile accident between Affiant and Defendant. 4. Affiant is unable to locate       at this time and does not believe       will be present to testify at trial. 5. Affiant expects to prove through the testimony of       certain facts concerning the cause of the accident. Affiant expects to prove through       - testimony that the accident was caused by the negligent acts of the Defendant.       testimony will also be used to show how Affiant's physical condition was affected by the collision. - 5 - 6. Affiant had advised       that the trial of this case would be held on       , and was assured by       that he/she would be available for trial. Affiant had no reason to expect this witness not to be available. However, since Plaintiff has not heard from this witness recently, he/she believes he/she may not appear in time for trial or in time to prepare adequately for trial. 7.       is a necessary and material witness, and Affiant cannot proceed to trial without his/her testimony. Affiant knows of no other witnesses who can testify to the same facts as this witness. 8. This witness is not absent by Affiant's consent, connivance, or procurement. 9. Affiant has used due diligence to procure the presence of       at trial.       has lived and worked in the State of Mississippi for some time and during said time has lived at several different addresses. Affiant does not know       present address or present whereabouts at this time, but Affiant was advised by the witness that his/her family's permanent address is       . Affiant has attempted to telephone the witness in       but has discovered that there is no telephone listing for       - and has learned that there are no       listed on       in       . A letter has been forwarded to the witness' address in       , requesting the witness to contact Affiant, but no reply has yet been received. 10. Affiant requests a continuance not for the purpose of delay but so that justice may be done. And further Affiant saith not. ____________________________       - 6 - SWORN TO AND SUBSCRIBED BEFORE ME, this the       day of       20       . ____________________________ NOTARY PUBLIC My Commission Expires:       - 7 - IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       PLAINTIFF VS. CAUSE NO.             DEFENDANT ORDER THIS CAUSE this date having come on for hearing in the above styled cause, and the Court, having considered this matter and having heard arguments of counsel, finds that the motion is well taken and should be sustained. IT IS THEREFORE, ORDERED AND ADJUDGED, that the trial of this cause set for       is hereby continued and will be re-set on a date agreeable to the parties and this Court. ORDERED AND ADJUDGED this the       day of       20       . ____________________________ CIRCUIT JUDGE PRESENTED BY:       - 8 -