How to Request a Continuance in Mississippi Justice Court

Your hearing date is approaching and you cannot be there — a medical appointment you cannot reschedule, a work obligation that will cost you your job, or a situation where you simply have not had enough time to gather your evidence. Mississippi Justice Court allows continuances, but the process requires a formal written motion filed before the hearing date. Calling the clerk's office and asking for a postponement over the phone does not work.

The Formal Written Motion Requirement

Under RJC Rule 15, a party requesting a continuance must submit a formal written motion to the Justice Court Clerk before the scheduled trial date. The motion should include:

• Your name, the case number, and the county and district
• The current hearing date you are asking to reschedule
• A specific explanation of why you need more time
• A request for a new hearing date

Informal phone calls, unapproved letters, or a message passed through the opposing party do not pause the case or alter the scheduled hearing. The docket setting only changes when the Justice Court judge signs a written continuance order.

What Counts as Good Cause

The judge has discretion to grant or deny your request. Explain the specific need for more time and include supporting documents when available. Examples that may be relevant:

• A documented medical emergency (bring proof — a doctor's note, hospital discharge papers)
• Military deployment or obligation
• A scheduling conflict with another court hearing
• Insufficient time to prepare because you were served late (if service happened fewer than 30 days before the hearing, the court is required to reset the date under RJC Rule 14)
• A key witness is unavailable and you need to subpoena them

These reasons do not change the hearing date on their own:

• General inconvenience or scheduling preference
• "I forgot about the hearing"
• You want to hire a lawyer but have not started looking
• Work conflicts without evidence that your employer requires your presence

What Happens If the Judge Denies the Motion

If the motion is denied, the trial proceeds on the originally scheduled date. If you fail to appear after proper notice and the plaintiff appears, the judge may enter a default judgment under RJC Rule 23(a) if the plaintiff establishes a factual basis for the claim.

You can still file a Motion to Set Aside Default Judgment under RJC Rule 23(e) if the default was entered, but you will need to satisfy the three-part test — including showing a legitimate reason for nonappearance and a meritorious defense.

Timing Matters

File as early as possible. A motion submitted the morning of the hearing does not itself change the setting; only a written continuance order signed by the judge does. Filing several days in advance gives the clerk time to process the motion, gives the judge time to review it, and gives the opposing party time to respond.

If service was late — less than 30 days before the hearing — you may not need a continuance at all. Under RJC Rule 14, the court must reset the hearing date to give you the full 30-day preparation window. Check the date on your constable return of service.

The Hearing After a Continuance

When the continuance is granted, the clerk sets a new hearing date and notifies both parties. The new date replaces the original setting; other orders and obligations remain unless the judge changes them. Use the additional time to prepare your evidence, organize your three physical exhibit copies, and subpoena any witnesses you need.

For the full defendant procedure from reading your summons through hearing preparation and post-decision remedies, the Responding to a Small Claims Case in Mississippi guide covers every step with fillable tracking tools.

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