STATE COURT MOTION FOR CONTINUANCE

(Kansas District Court – Template)

1. CAPTION

IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS
[DIVISION]

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

MOTION FOR CONTINUANCE OF [TRIAL/HEARING]

2. MOTION

[MOVING PARTY], by counsel, respectfully moves the Court for a continuance of the [trial/hearing] currently set for [CURRENT DATE] and requests that it be reset for [REQUESTED NEW DATE] or a date convenient to the Court.

This motion is brought pursuant to K.S.A. 60-240, which authorizes the Court to continue proceedings for good cause. Good cause exists because [describe reasons—e.g., "lead counsel has an unavoidable conflicting trial", "material witness is unavailable", "additional time is necessary to complete discovery"].

Counsel certifies that opposing counsel was consulted on [DATE] and [does/does not] oppose the relief requested.

3. MEMORANDUM OF LAW

A. Legal Standard

K.S.A. 60-240 grants the Court discretion to continue cases for good cause shown. In exercising this discretion, courts consider the diligence of the moving party, the reason for the request, prior continuances, and potential prejudice to other parties. See State v. Smith, 311 Kan. 98, 108, 456 P.3d 1004 (2020).

B. Argument

1. Good Cause Exists. [// GUIDANCE: Provide detailed factual explanation, supported by documentation where possible.]
2. Diligence and Lack of Prejudice. [// GUIDANCE: Describe steps taken to comply with current deadlines and explain why granting the continuance will not unduly prejudice other parties.]
3. Proposed Revised Schedule. [// GUIDANCE: Identify requested new dates and confirm alignment with any scheduling order issued under K.S.A. 60-216.]

4. AFFIDAVIT OF [ATTORNEY NAME]

STATE OF KANSAS
COUNTY OF [COUNTY]

I, [ATTORNEY NAME], being duly sworn, state as follows:

1. I am counsel of record for [PARTY] in this matter.
2. The [trial/hearing] is presently scheduled for [CURRENT DATE].
3. A continuance is necessary because [provide detailed facts].
4. This request is made promptly after learning of the circumstances necessitating additional time.
5. On [DATE], I conferred with counsel for [OPPOSING PARTY], who [does/does not] oppose the relief requested.
6. This motion is made in good faith and not for purposes of delay.

[ATTORNEY NAME]

Subscribed and sworn to before me this ___ day of ____, 20__.

Notary Public
My appointment expires: ____

5. [PROPOSED] ORDER

IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS
[DIVISION]

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

ORDER GRANTING MOTION FOR CONTINUANCE

Upon consideration of [MOVING PARTY]'s Motion for Continuance, the Court finds good cause pursuant to K.S.A. 60-240. IT IS ORDERED:

1. The [trial/hearing] scheduled for [CURRENT DATE] is continued to [NEW DATE] at [TIME].
2. The Court’s Scheduling Order is modified as follows: [list revised discovery, motion, and pretrial deadlines].
3. Counsel shall promptly notify all witnesses of the new dates.

SO ORDERED this ___ day of ____, 20__.

Judge of the District Court

6. CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing MOTION FOR CONTINUANCE via the Kansas eCourt system and by [additional method, if any] upon:

[List recipients]

[NAME OF DECLARANT]