Kentucky Motion for Continuance
Kentucky's civil rule CR 43.03 says postponement and requires an affidavit when evidence is absent.
Find out where you stand in Kentucky
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Introduction
Kentucky's postponement rule, CR 43.03, requires an affidavit showing materiality and due diligence when a trial is postponed for absent evidence. Small claims continuances are granted only where fairness and justice require (KRS 24A.280(3)).
Key Things to Know
- 1
Until the court grants your motion, the hearing or trial date stands, so attend. Filing a motion, or the other side's agreement, does not move the date.
- 2
Kentucky's civil rule is titled Postponement of trial (CR 43.03), not a general continuance rule. The small claims statute uses the word continuances (KRS 24A.280).
- 3
CR 43.03 covers postponing a trial because evidence is absent. It requires an affidavit showing the materiality of the evidence and that due diligence has been used to obtain it.
- 4
For an absent witness, the affidavit states the facts the affiant believes the witness will prove and that the affiant believes them true. The court will not postpone if the other side consents that the affidavit be read as the witness's deposition.
- 5
In small claims, the division grants continuances only where reasons of fairness and justice so require (KRS 24A.280(3)). The hearing is set 20 to 40 days after service of process.
- 6
This page does not state a Kentucky deadline, notice period, agreed continuance rule or family court continuance rule. Ask the clerk of your court about local rules, and file as early as you can.
- 7
In eviction cases, the summons form AOC-215 tells the tenant of at least three days' notice of the time and place of trial (KRS 383.210). No official continuance form is identified here, so the sample motion is a template to adapt.
Key decisions before you file
Before you file a Motion for Continuance in Kentucky, 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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Kentucky Requirements for Motion for Continuance
Postponement for Absent Evidence
A motion to postpone a trial on account of the absence of evidence may be made only upon affidavit showing the materiality of the evidence expected to be obtained and that due diligence has been used to obtain it (CR 43.03).
Affidavit for an Absent Witness
If the evidence is a witness, the affidavit states the facts the affiant believes the witness will prove and that the affiant believes them true (CR 43.03).
Consent to Read Affidavit as Deposition
A postponement for an absent witness is not made if the adverse party consents that the affidavit be read as the witness's deposition (CR 43.03).
Small Claims Fairness and Justice Standard
The small claims division grants continuances only where reasons of fairness and justice so require (KRS 24A.280(3)).
Small Claims Hearing Window
A small claims hearing is set not less than 20 nor more than 40 days after service of process (KRS 24A.280(1)).
Eviction Trial Notice
The eviction summons form AOC-215 tells the tenant of at least three days' notice of the time and place of trial (KRS 383.210).
Trial Assignment Notice
CR 40 covers assignment of cases for trial, with reasonable notice of the day a trial date will be fixed.
Hearing Date Stands Until Ruling
The motion should state that the setting remains in place unless and until the court grants it.