In Mississippi, judges may grant what is known as a “continuance,” which is a temporary postponement of the trial or court hearing. Either the plaintiff or the defendant may request a continuance, but the Court may also issue a continuance without consulting with either party to a case.
Continuances may be requested when unforeseen events – such as illness or scheduling conflicts – arise but may be granted if a recently retained attorney needs additional time to prepare. The judge considers the grounds for requesting the continuance, and determines whether there is a valid reason for postponing the case. A judge will usually permit a continuance if it is necessary to preserve the rights of each party to a case, and to prevent a miscarriage of justice. Before issuing a continuance, a judge may evaluate your reason for requesting a continuance, whether you’ve made a good-faith effort to avoid delaying the case, and whether a continuance will prejudice either party in the case.