Kansas Motion for Continuance
K.S.A. 60-240(b) lets courts continue cases for good cause. Your date stands until the court rules.
Find out where you stand in Kansas
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Introduction
K.S.A. 60-240(b) lets a Kansas court continue an action for good cause, on just terms. File as soon as you know you need more time. Your hearing date stands until the court grants the continuance.
Key Things to Know
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Kansas uses the term continuance, and K.S.A. 60-240(b) is the civil rule: for good cause, the court may continue an action at any stage of the proceedings on just terms.
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The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you in writing or in open court that it has been moved.
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The standard is good cause. Grant or denial is discretionary in every case, so no reason is certain to succeed.
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If you ask because a material witness, document, thing or other evidence is absent, the court need not entertain the motion unless an affidavit or K.S.A. 53-601 declaration supports it (K.S.A. 60-240(c)(1)).
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If the absent evidence is a witness, the affidavit must state the witness name, the expected testimony, your belief it is true, and your efforts to procure attendance. The court may deny the motion if the other side admits the witness would testify as stated.
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A continuance granted for absent evidence is at the cost of the party requesting it, unless the court orders otherwise (K.S.A. 60-240(b)).
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In an eviction, no continuance is granted unless the defendant requesting a continuance files a bond with good and sufficient security approved by the court, for damages and rent that may accrue if judgment is entered against them (K.S.A. 61-3807(b)).
Key decisions before you file
Before you file a Motion for Continuance in Kansas, a few decisions shape the document: which option to choose and what each one means. The Motion for Continuance guide walks through them.
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Kansas Requirements for Motion for Continuance
K.S.A. 60-240(b) Governs Continuances
Kansas calls the request a continuance. K.S.A. 60-240(b): for good cause, the court may continue an action at any stage of the proceedings on just terms.
Good Cause Standard
The court grants or denies a continuance in its discretion. Good cause is the stated standard, and the hearing date stands until the court rules.
Affidavit for Absent Evidence
The court need not entertain a continuance motion based on an absent material witness, document, thing or other evidence unless supported by an affidavit or a K.S.A. 53-601 declaration (K.S.A. 60-240(c)(1)).
Contents of the Affidavit
For an absent witness, it must state the witness name, expected testimony, belief in its truth, and efforts to procure attendance (K.S.A. 60-240(c)(1)(A)).
Absent Evidence Is at Your Cost
A continuance granted because of absent evidence must be at the cost of the party requesting it, unless the court orders otherwise (K.S.A. 60-240(b)).
Denial if Testimony Is Admitted
The court may deny the motion if the adverse party admits that the absent witness would testify as stated (K.S.A. 60-240(c)(3)).
Eviction Continuance Needs a Bond
In an eviction, no continuance is granted unless the defendant requesting a continuance files a bond with good and sufficient security approved by the court (K.S.A. 61-3807(b)).
Eviction Trial Within 14 Days
An eviction trial is held within 14 days after the appearance date (K.S.A. 61-3807(a)). Applies to evictions under K.S.A. 61-3801 to 61-3808.