Kansas District Court Motion for Continuance

MOTION FOR CONTINUANCE OF [TRIAL / HEARING / PROCEEDING]

KANSAS DISTRICT COURT

PART I: CASE CAPTION AND FILING INFORMATION

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

[________________________________] JUDICIAL DISTRICT

MOTION FOR CONTINUANCE OF [TRIAL / HEARING / PROCEEDING]

Date Filed: [__/__/____]
Event Currently Scheduled: [________________________________]
Current Date of Event: [__/__/____]
Requested New Date: [__/__/____] or the first available date convenient to the Court
Filing Attorney: [________________________________]
Kansas Bar No.: [________________________________]

PART II: MOTION

COMES NOW [________________________________] ("Moving Party"), [☐ Plaintiff / ☐ Defendant / ☐ Other: ________________________________], by and through undersigned counsel, and respectfully moves this Court pursuant to K.S.A. 60-240 for a continuance of the [trial / hearing / proceeding] currently scheduled for [__/__/____], and in support thereof states as follows:

A. Procedural Background

1. This action was filed on or about [__/__/____] and is assigned to Division [____] before the Honorable [________________________________].

2. The [trial / hearing / proceeding] is scheduled for [__/__/____] at [____] [a.m./p.m.].

3. A scheduling order was entered pursuant to K.S.A. 60-216 on [__/__/____].

4. The following prior continuances have been granted:

☐ No prior continuances have been requested or granted.

☐ Prior continuances:

B. Grounds for Continuance

5. Good cause exists for this continuance on the following grounds (check all that apply):

General Good Cause Grounds (K.S.A. 60-240(b)):

☐ Scheduling Conflict of Counsel. Undersigned counsel is scheduled to appear in [________________________________] (Case No. [________________________________]) on [__/__/____], which was set [before / after] the date in this case. A copy of the conflicting scheduling order is attached as Exhibit [____].

☐ Unavailability of Party. [________________________________] is unavailable on the scheduled date due to [________________________________].

☐ Incomplete Discovery. Discovery remains incomplete through no fault of the Moving Party. Specifically: [________________________________].

☐ Recently Produced or Disclosed Evidence. On [__/__/____], [________________________________] produced or disclosed [________________________________], requiring additional time for review, analysis, or expert evaluation.

☐ Pending Dispositive Motion. A [motion for summary judgment under K.S.A. 60-256 / motion to dismiss / other: ________________________________] filed on [__/__/____] remains pending.

☐ Settlement Negotiations / Mediation. The parties are engaged in active good faith settlement discussions [and/or have mediation scheduled for [__/__/____]].

☐ Expert Witness Issues. [________________________________] [is unavailable / requires additional time / was recently retained].

☐ Medical or Health Emergency. [Counsel / a party / a material witness] has a medical condition preventing [attendance / meaningful participation]. Supporting documentation attached as Exhibit [____].

☐ New Counsel / Substitution of Counsel. New counsel entered an appearance on [__/__/____] and requires reasonable time to prepare.

☐ Other Good Cause. [________________________________]

Absence of Material Witness (K.S.A. 60-240(c)(1)(A) -- Affidavit or Declaration Required):

☐ Absent Material Witness. The Moving Party seeks a continuance based on the absence of a material witness. The supporting affidavit or declaration pursuant to K.S.A. 53-601 is attached and states:

(i) Name of the witness: [________________________________]

(ii) Residence of the witness, if known: [________________________________]

(iii) Substance of the witness's expected testimony and basis for the expectation: [________________________________]

(iv) That the affiant/declarant believes the statements to be true.

(v) Efforts made to procure the witness's attendance or deposition: [________________________________]

Absence of Material Document, Thing, or Other Evidence (K.S.A. 60-240(c)(1)(B)):

☐ Absent Material Evidence. The Moving Party seeks a continuance based on the absence of a material [document / thing / evidence]. The supporting affidavit or declaration states:

(i) Description of the evidence: [________________________________]

(ii) Materiality: [________________________________]

(iii) Efforts made to obtain it: [________________________________]

(iv) That the affiant/declarant believes the statements to be true.

C. Detailed Factual Statement

6. The specific facts supporting this request: [________________________________]

D. Diligence of Moving Party

7. The Moving Party has exercised due diligence:

a. The need for a continuance was discovered on [__/__/____].

b. This motion is filed [____] days before the scheduled event.

c. Steps taken to minimize delay: [________________________________].

d. The Moving Party has complied with all prior scheduling orders and deadlines.

PART III: CERTIFICATE OF CONFERRAL

8. Undersigned counsel certifies:

☐ On [__/__/____], counsel conferred with counsel for [________________________________]:

☐ Opposing counsel does not oppose the continuance.

☐ Opposing counsel opposes the continuance for the following reasons: [________________________________]

☐ Opposing counsel takes no position.

☐ Counsel conferred with all other parties or their counsel:

☐ Despite diligent efforts, counsel was unable to reach opposing counsel. Efforts included: [________________________________].

PART IV: PREJUDICE ANALYSIS AND IMPACT ON SCHEDULE

9. Lack of Prejudice. The continuance will not unduly prejudice any party because: [________________________________].

10. Impact on Court's Docket. [________________________________].

11. Impact on Witnesses. [________________________________].

12. Cost Implications. K.S.A. 60-240(b) provides that when a continuance is granted due to the absence of evidence, it must be at the cost of the party requesting the continuance unless the court orders otherwise. The Moving Party [☐ acknowledges cost responsibility / ☐ requests the Court order otherwise because ________________________________].

13. Proposed Revised Schedule:

PART V: LEGAL STANDARD

14. K.S.A. 60-240(b) provides: "For good cause, the court may continue an action at any stage of the proceedings on just terms." When a continuance is granted due to the absence of evidence, it must be at the cost of the party requesting the continuance, unless the court orders otherwise.

15. K.S.A. 60-240(c)(1) addresses continuances based on the absence of a material witness, document, thing, or other evidence. The court need not entertain such a motion unless supported by an affidavit or a declaration pursuant to K.S.A. 53-601. For an absent material witness, the affidavit or declaration must state (K.S.A. 60-240(c)(1)(A)):

a. The name of the witness and, if known, the witness's residence;

b. The substance of the witness's expected testimony and the basis for the expectation;

c. That the affiant or declarant believes the statements to be true;

d. The efforts made to procure the witness's attendance or deposition.

16. K.S.A. 60-240(c)(1)(B) provides that an affidavit or declaration based on the absence of a material document, thing, or other evidence must contain similar statements, with appropriate modifications.

17. K.S.A. 60-240(c)(2) provides that a party objecting to a continuance may not contradict the statement of the substance of the absent witness's expected testimony or the substance of the absent document, thing, or other evidence, but may contradict any other statement in the affidavit or declaration.

18. K.S.A. 60-240(c)(3) provides that the court may deny the motion if the adverse party admits that the absent witness would, if present, testify as stated in the affidavit or declaration and agrees that the affidavit or declaration be received as evidence. The granting or denial of a continuance is discretionary in all cases, regardless of compliance with the provisions of subsection (c).

19. Kansas courts apply an abuse-of-discretion standard on review; the movant bears the burden of showing an abuse of that discretion. See Miller v. Glacier Development Co., 284 Kan. 476, 494, 161 P.3d 730 (2007) (denial of motion to modify pretrial order and continue trial reviewed for abuse of discretion); State v. Jones, 226 Kan. 503, 509, 601 P.2d 1135 (1979) (grant or denial of a continuance rests in the sound discretion of the trial court).

PART VI: AFFIDAVIT / DECLARATION IN SUPPORT OF MOTION

Option A: Sworn Affidavit

STATE OF KANSAS
COUNTY OF [________________________________]

AFFIDAVIT OF [________________________________]

I, [________________________________], being first duly sworn upon oath, state:

1. I am [counsel of record for / the party] [________________________________] in this matter. I am competent to testify to the matters stated herein.

2. The [trial / hearing / proceeding] is scheduled for [__/__/____] at [____] [a.m./p.m.].

3. Good cause exists for a continuance because: [________________________________]

4. I first learned of the need for a continuance on [__/__/____] and promptly sought relief.

5. (If based on absence of witness under K.S.A. 60-240(c)(1)):

a. Name of witness: [________________________________]

b. Residence of witness, if known: [________________________________]

c. Substance of expected testimony and basis for expectation: [________________________________]

d. I believe the foregoing statements to be true.

e. Efforts made to procure the witness's attendance or deposition: [________________________________]

6. (If based on absence of document/thing/evidence):

a. Description of evidence: [________________________________]

b. Materiality: [________________________________]

c. Efforts to obtain: [________________________________]

d. I believe the foregoing statements to be true.

7. On [__/__/____], I conferred with counsel for [________________________________], who [does not oppose / opposes / takes no position on] this motion.

8. This motion is made in good faith and not for delay.

________________________________________
[________________________________]

SUBSCRIBED AND SWORN to before me this [____] day of [________________________________], 20[____].

________________________________________
Notary Public, State of Kansas
My Appointment Expires: [__/__/____]

Option B: Unsworn Declaration (K.S.A. 53-601)

UNSWORN DECLARATION UNDER PENALTY OF PERJURY

I, [________________________________], declare under penalty of perjury that the following is true and correct:

[Insert the same numbered statements as in the Affidavit above]

Executed on [__/__/____] at [________________________________], Kansas.

________________________________________
[________________________________]

(Note: K.S.A. 53-601 permits an unsworn declaration under penalty of perjury in lieu of a sworn affidavit in support of a continuance motion under K.S.A. 60-240(c)(1).)

PART VII: PRAYER FOR RELIEF

WHEREFORE, the Moving Party respectfully requests that this Court:

1. GRANT this Motion for Continuance for good cause pursuant to K.S.A. 60-240;

2. CONTINUE the [trial / hearing / proceeding] currently scheduled for [__/__/____] to [__/__/____] or the first available date;

3. AMEND the scheduling order entered under K.S.A. 60-216 to reflect revised deadlines;

4. ORDER that costs [shall / shall not] be assessed against the Moving Party;

5. GRANT such other and further relief as the Court deems just and equitable.

Respectfully submitted,

Date: [__/__/____]

________________________________________
[________________________________], Esquire
Kansas Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
Telephone: [________________________________]
Email: [________________________________]

Counsel for [☐ Plaintiff / ☐ Defendant / ☐ ________________________________]

PART VIII: PROPOSED ORDER

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

[________________________________] JUDICIAL DISTRICT

ORDER ON MOTION FOR CONTINUANCE

This matter having come before the Court upon the Motion for Continuance filed by [________________________________], and the Court having reviewed the motion, the supporting affidavit or declaration, any response or objection, and the record, pursuant to K.S.A. 60-240:

THE COURT FINDS that:

[________________________________]

IT IS HEREBY ORDERED that:

☐ The Motion for Continuance is GRANTED for good cause shown.

1. The [trial / hearing / proceeding] scheduled for [__/__/____] is CONTINUED to [__/__/____] at [____] [a.m./p.m.].

2. The scheduling order is modified as follows:

Event	Revised Deadline
Discovery Cutoff	[__/__/____]
Expert Reports	[__/__/____]
Dispositive Motion Deadline	[__/__/____]
Pretrial Conference	[__/__/____]
Trial	[__/__/____]

3. Counsel shall promptly notify all witnesses and parties of the new schedule.

4. ☐ Costs of the continuance are assessed against the Moving Party pursuant to K.S.A. 60-240(b).

☐ The Court directs that costs shall not be assessed against the Moving Party.

5. No further continuances will be granted absent extraordinary circumstances.

☐ The Motion for Continuance is DENIED.

The [trial / hearing / proceeding] shall proceed as scheduled on [__/__/____].

☐ The Motion for Continuance is GRANTED IN PART.

[________________________________]

SO ORDERED this [____] day of [________________________________], 20[____].

________________________________________
Judge, District Court of [________________________________] County, Kansas

PART IX: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing MOTION FOR CONTINUANCE, together with the AFFIDAVIT/DECLARATION, PROPOSED ORDER, and all exhibits, was served upon the following via the Kansas eCourt / Kansas Courts Electronic Filing System:

☐ Service was also made by the following additional method(s):

☐ U.S. Mail, first class, postage prepaid

☐ Hand delivery

☐ Overnight courier

☐ Email (with consent)

________________________________________
[________________________________], Esquire
Kansas Bar No. [________________________________]

PART X: EXHIBITS CHECKLIST

☐ Exhibit A: Conflicting scheduling order

☐ Exhibit B: Documentation of witness unavailability

☐ Exhibit C: Medical documentation (if applicable, filed under seal)

☐ Exhibit D: Discovery correspondence

☐ Exhibit E: Correspondence with opposing counsel

☐ Exhibit F: [________________________________]

Sources and References

• K.S.A. 60-240 (Scheduling Cases for Trial; Continuances): https://ksrevisor.gov/statutes/chapters/ch60/060_002_0040.html
• K.S.A. 60-240 (FindLaw): https://codes.findlaw.com/ks/chapter-60-procedure-civil/ks-st-sect-60-240.html
• K.S.A. 53-601 (Unsworn Declarations Under Penalty of Perjury)
• K.S.A. 60-216 (Pretrial Conferences; Scheduling; Management)
• Miller v. Glacier Development Co., 284 Kan. 476, 161 P.3d 730 (2007)
• State v. Jones, 226 Kan. 503, 601 P.2d 1135 (1979)
• Kansas eCourt Filing System: https://www.kscourts.org