What to Do If You Need an Emergency Continuance in Missouri Court

When life gets in the way of your court date, you may need what’s called a continuance, which is a legal request to reschedule your court date, hearing, or trial. And if the situation is urgent, you may need an emergency continuance.

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. We’ve helped many clients work through unexpected scheduling conflicts, and we know how Missouri courts handle continuance requests. Here’s what you need to know if you’re facing a court date you can’t make during the holidays or any other time.

What is a Continuance in Missouri?

A continuance is a request to postpone a court date to a later time. In Missouri criminal cases, continuances are governed by court rules and judicial discretion. They’re not automatic, and they’re not guaranteed.

According to Missouri Supreme Court Rule 24.08, “For good cause shown, the court may continue a criminal proceeding to a fixed day, or to a date for trial to be set thereafter.” That means the person requesting the continuance must provide a legitimate reason why the hearing or trial should be rescheduled.

What Qualifies as “Good Cause” for a Continuance?

Missouri courts take continuances seriously because delays can affect everyone involved – the defendant, victims, witnesses, prosecutors, and the court’s own schedule. Rule 24.08 states that continuances may be granted “for good cause shown,” but the rule does not define exactly what “good cause” means. Courts evaluate continuance requests on a case-by-case basis.

Common reasons that may support a continuance include:

• Serious illness or medical emergency affecting the defendant or their attorney
• Death in the family or other urgent family matters
• Scheduling conflicts with other court dates or legal obligations
• Lack of preparation time for the defense attorney
• Unavailability of a critical witness or piece of evidence

During the holiday season, courts are generally aware that people have out-of-state travel plans, but that alone may not be enough to justify a continuance. The request must still demonstrate good cause, and it must be made properly and on time.

What is an Emergency Continuance?

An emergency continuance is a request made with little or no advance notice, usually because something unexpected has happened. For example:

• A family member is hospitalized the day before a hearing
• A defendant is involved in a car accident on the way to court
• An attorney has an unexpected emergency

Emergency continuances are harder to obtain because they disrupt the court’s schedule and may require other parties (like prosecutors or witnesses) to reschedule on short notice. But if the situation is truly urgent and unforeseeable, Missouri courts do have the authority to grant them under Rule 24.08.

Avoiding Continuance Requests

When it comes to continuance requests, the best strategy is to avoid them. Although continuances are common, judges tend to lose patience with repeated continuance requests, as it begins to look like a delay tactic.

And this is one of the best reasons to hire an attorney – because in many cases, an attorney can go to court for you. That doesn’t always work – there are court dates where a defendant’s personal attendance is required, even if the defendant is represented by counsel. But there are many routine court dates that can be handled by an attorney – without the defendant attending.

At Rose Legal Services, we know our clients’ time is valuable, and we recognize that many of our clients just want us to handle it – so they don’t have to. That’s why we will always be clear with our clients about whether their attendance at court is required. And if it is, we give our clients plenty of advance notice. And, whenever possible, we will handle the court date without our client attending.

How to Request a Continuance in Missouri

Having said that, sometimes a continuance is unavoidable. If a continuance is needed, a person generally cannot just call the court and ask for one. The proper procedure requires filing a formal motion with the court.

Under Missouri Supreme Court Rule 24.09, “A motion for continuance shall set forth in writing the facts upon which the motion is based.” However, the motion may be oral if either the adverse party consents or the court finds good cause.

In most cases, an attorney will file the written motion on behalf of the defendant. The motion will be served on the prosecutor, and the court will decide whether to grant or deny the request. Some judges require a hearing on the motion, while others rule on the written filings alone.

If a continuance is being requested because of travel plans or a pre-existing conflict, the motion needs to be filed as early as possible. Waiting until the last minute significantly reduces the chances that the court will grant the request.

Special Requirements for Continuances Due to Absent Witnesses

When a continuance is requested specifically because of the absence of witnesses or their evidence, Missouri Supreme Court Rule 24.10 requires additional information. The application must show:

• “The facts showing the materiality of the evidence sought to be obtained and due diligence upon the part of the applicant to obtain such witness or testimony”
• “The name and residence of such witness, if known, or, if not known, the use of diligence to obtain the same, and also facts showing reasonable grounds for belief that the attendance or testimony of such witness will be procured within a reasonable time”
• “What particular facts the affiant believes the witness will prove, and that he knows of no other person whose evidence or attendance he could have procured at the trial, by whom he can prove or so fully prove the same facts”
• “That such witness is not absent by the connivance, consent, or procurement of the applicant, and such application is not made for vexation or delay, but in good faith for the purpose of obtaining a fair and impartial trial”

Rule 24.10 also provides that “If the court shall be of the opinion that the affidavit is insufficient it shall permit it to be amended.”

Special Requirements for Preliminary Hearings

Many cases are set for what is known as a “preliminary hearing,” which is an evidentiary hearing with live testimony. The purpose of a preliminary hearing is to determine whether there is probable cause to support the State’s allegations. If there is, the judge transfers the case to Circuit Court. If not, the judge dismisses the case.

Under Rule 22.09 of the Missouri Rules of Criminal Procedure, there are special requirements for continuances of preliminary hearings. Courts are generally required to conduct preliminary hearings within 30 days of the defendant’s initial appearance, if the defendant is in custody, and no later than 60 days, if the defendant is not in custody. Courts may extend those deadlines, but only upon a specific showing of “good cause,” like witness unavailability. It is more difficult to obtain a continuance of a preliminary hearing that routine court appearances.

What If There’s an Emergency on the Day of Court?

If a true emergency occurs on the day of a court date, the defendant should contact their attorney immediately. If there is no attorney, contact the court clerk’s office right away. Explain the situation and ask what steps need to be taken.

In some cases, the court may allow an attorney to appear on behalf of the defendant if the hearing is not a trial or a proceeding where the defendant’s presence is legally required. In other cases, the judge may issue a continuance if the emergency is documented (such as a hospital admission or police report from an accident).

However, failing to appear without notifying the court can result in serious consequences, including:

• Issuance of a bench warrant for arrest
• Revocation of bond
• Additional criminal charges for failure to appear under RSMo § 544.665

Even when dealing with an emergency, every effort must be made to notify the court and the attorney. Simply not showing up is never the answer.

What If the Prosecutor Opposes the Continuance?

In Missouri, prosecutors sometimes oppose continuance requests, especially if the case has already been delayed multiple times or if the continuance would inconvenience witnesses or victims. The judge will weigh both sides before making a decision.

If the prosecutor objects and the judge agrees, the continuance may be denied. That’s why having an experienced criminal defense attorney to argue the motion is so important.

Why a Defense Attorney is Necessary to Handle Continuances

Continuance motions may seem simple, but the way they’re filed, argued, and documented can make the difference between approval and denial. At Rose Legal Services, we’ve handled many continuance requests for clients across Missouri, and we know what judges expect to see.

When working with our team:

• We file motions promptly and properly under Missouri Supreme Court rules
• We provide detailed explanations and supporting documentation that comply with the law
• We communicate with prosecutors and the court on behalf of our clients
• We appear at hearings to argue motions when necessary

We understand that life doesn’t stop just because someone has a pending criminal case. Whether it’s a scheduling conflict, family emergency, or work obligation, we’re here to help handle it the right way.

Don’t Miss a Court Date Without Notifying the Court

If someone is facing a scheduling conflict, waiting until the last minute is the worst thing that can be done. Missouri courts take continuance requests seriously, and they expect defendants to act responsibly and in good faith.

Whether a routine continuance or an emergency one is needed, the key is to act fast, communicate clearly, and follow the proper legal procedures. That’s where Rose Legal Services comes in.

We dedicate our practice exclusively to criminal defense, and we’ve been helping people facing criminal charges for years. We know the judges and prosecutors in Missouri courts, and we know how to advocate effectively for our clients’ needs.

If someone is facing a court date during the holidays or any other time, and help is needed to request a continuance, contact Rose Legal Services today.

Your defense starts with a conversation.