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Missouri Revised Statutes

Mo. Rev. Stat. § 545.710 (2026)

Continuances, when and how granted

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  545.710.  Continuances, when and how granted. — Continuances may be granted to either party in criminal cases for good cause shown, and the court may postpone the trial of any such case for good and sufficient reasons, of its own motion.  When a continuance is allowed on the application of either party, it shall be at the costs of the party at whose instance it is granted, unless the court otherwise direct.

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(RSMo 1939 § 4042)

Prior revisions: 1929 § 3653; 1919 § 3996; 1909 § 5203

CROSS REFERENCE:

Continuance when counsel is member of general assembly, 510.120

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1953–2021 · leading case: State v. Thost, 328 S.W.2d 36 (Mo. 1959).
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State v. Thost, 328 S.W.2d 36 (Mo. 1959). · cites it 2× “08(a); Section 545.710. Supreme Court Rule 30.12 requires the filing of an affidavit stating that the defendant “cannot have a fair and impartial trial by reason of the interest or prejudice of the judge” to disqualify a trial judge.”
State v. Stidham, 258 S.W.2d 620 (Mo. 1953). · cites it 3× “Section 545.710 RSMo 1949, V.A.M.S., states that a continuance may be granted either party in a criminal case for good cause shown.”
State of Missouri v. Daniel Dumond Brown, Sr., 444 S.W.3d 484 (Mo. Ct. App. 2014). “” § 545.710. “In most circumstances, the decision to grant a continuance rests in the sound discretion of the trial court.”
State v. Le Beau, 306 S.W.2d 482 (Mo. 1957). “, which has superseded Sections 545.710 and 545.720 RSMo 1949, V.”
State v. Boykins, 399 S.W.2d 70 (Mo. 1966). “08 and §§ 545.710, 545.720. Appellant was indicted on April 21, 1964 and a substitute information in lieu of indictment was filed on November 13, 1964.”
State v. Taylor, 413 S.W.2d 849 (Mo. 1967). “; RSMo 1959, § 545.710, V.A.M.S.) thus requiring him to go to trial “at a time when the community was inflamed, aroused and prejudiced *851 against defendant as a result of a newspaper publication and radio broadcast two days prior to the commencement of trial.”
State of Missouri v. Gregory Shegog, No. ED108716 (Mo. Ct. App. May 11, 2021). · cites it 3× “See section 545.710 RSMo 2016 (“[c]ontinuances may be granted to either party in criminal cases for good cause shown”); Rule 24.”
State of Missouri v. Gregory Shegog, 633 S.W.3d 362 (Mo. 2021). · cites it 2× “Section 545.710; Rule 24.08. “The decision to sustain a continuance is within the sound discretion of the trial court.”
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