Missouri Motion for Continuance

Introduction

Key Things to Know

1. 1

   Missouri uses the term continuance. Missouri Supreme Court Rule 65 (Continuances), in the civil rules for circuit courts, is the rule. Rule 65.01 says that for good cause shown the court may continue a civil action to a fixed day, or to a date for trial to be set later.

2. 2

   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.

3. 3

   Rule 65.03 says a motion for a continuance shall be in writing and accompanied by the affidavit of the movant or some other credible person setting forth the facts on which the motion is based. An oral motion is allowed only if the adverse party consents.

4. 4

   If your ground is the absence of a witness or the witness's evidence, Rule 65.04 requires a showing of materiality and due diligence, the witness's name and residence, the facts the witness will prove, and that the witness is not absent by your connivance, consent or procurement.

5. 5

   For an absent-witness motion, Rule 65.04 also requires that it be made in good faith to obtain a fair and impartial trial, not for vexation or delay. For any motion, the court decides whether good cause is shown, and a weak reason may be refused.

6. 6

   Rule 65.03 itself does not state a fixed filing deadline, but another rule or a circuit local rule may set one. For a motion made within 30 days of the hearing date, the lawyer must certify that the client has been consulted. How that applies if you represent yourself is not stated, so ask the clerk.

7. 7

   Under Rule 65.01 the court may order the party who gets a continuance to pay costs. Rule 65.03 only addresses consent to an oral motion, so do not assume an agreement with the other side moves the date. The court still has to rule.

Missouri Requirements for Motion for Continuance

• Rule 65 Governs Continuances

  Missouri Supreme Court Rule 65 (Continuances) is the civil rule for circuit courts. Missouri calls the request a continuance, granted for good cause shown (Rule 65.01).

• Written Motion With Affidavit

  The motion must be in writing with the affidavit of the movant or another credible person setting out the facts, unless the adverse party consents to an oral motion (Rule 65.03).

• Absent Witness Showings

  For an absent witness or the witness's evidence, show materiality and due diligence, the witness's name and residence, the facts to be proved, and that the witness is not absent by the movant's connivance, consent or procurement (Rule 65.04).

• Good Faith, Not Delay

  An absent-witness motion must also be made in good faith to obtain a fair and impartial trial, not for vexation or delay (Rule 65.04).

• 30-Day Lawyer Certification

  A motion made within 30 days of the hearing date requires the lawyer to certify that the client has been consulted (Rule 65.03). Ask the clerk about any other filing deadline, including circuit local rules.

• Oral Motion Only With Consent

  Rule 65.03 allows an oral motion only if the adverse party consents. The court still decides whether to continue the case.

• Costs on the Requesting Party

  A continuance granted on a party's application may be at that party's cost, if the court so orders (Rule 65.01). The hearing date stands until the court rules.