Kentucky Circuit Court Motion for Continuance

MOTION FOR CONTINUANCE OF [TRIAL / HEARING / PROCEEDING]

KENTUCKY CIRCUIT COURT

PART I: CASE CAPTION AND FILING INFORMATION

COMMONWEALTH OF KENTUCKY

[________________________________] CIRCUIT COURT

DIVISION [____]

CIVIL ACTION NO. [________________________________]

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: [________________________________]
Kentucky Bar No.: [________________________________]

PART II: MOTION

COMES NOW [________________________________] ("Moving Party"), [☐ Plaintiff / ☐ Defendant / ☐ Other: ________________________________], by and through undersigned counsel, and respectfully moves this Court, in the exercise of its sound discretion and for good cause shown, 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 commenced on or about [__/__/____] and is pending before the Honorable [________________________________], Division [____] of the [________________________________] Circuit Court.

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

3. A scheduling order was entered on [__/__/____] pursuant to CR 16.

4. The case involves: [☐ Personal injury / ☐ Contract dispute / ☐ Domestic relations / ☐ Real property / ☐ Tort / ☐ Other: ________________________________].

5. The following prior continuances have been granted in this action:

☐ No prior continuances have been requested or granted.

☐ Prior continuances:

B. Grounds for Continuance

6. Good cause exists for a continuance based on the following grounds (check all that apply):

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

☐ Unavailability of Material Witness. [________________________________], a material witness whose testimony is essential to the Moving Party's [case-in-chief / defense], is unavailable on the scheduled date because [________________________________]. The supporting affidavit sets forth the witness's name, expected testimony, materiality, diligence exercised, and probability of securing attendance.

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

☐ Incomplete Discovery. Discovery remains incomplete through no fault of the Moving Party. Specifically: [________________________________]. The Moving Party has diligently pursued outstanding discovery.

☐ 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 CR 56 / motion to dismiss under CR 12.02 / 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. The Moving Party's expert, [________________________________], [is unavailable on the date / requires additional time / was recently retained as replacement].

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

☐ New Counsel / Substitution of Counsel. New counsel entered an appearance on [__/__/____] and requires reasonable time to become familiar with the case.

☐ Other Good Cause. [________________________________]

C. Detailed Factual Statement

7. The specific facts supporting this request are as follows:

[________________________________]

[________________________________]

[________________________________]

D. Diligence of Moving Party

8. The Moving Party has exercised due diligence in preparing this case and in seeking this continuance:

a. The Moving Party first learned of the need for a continuance 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 court deadlines.

PART III: CERTIFICATE OF CONFERRAL

9. Undersigned counsel certifies:

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

☐ 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:

☐ The parties jointly stipulate to the continuance. A written stipulation is attached as Exhibit [____].

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

PART IV: PREJUDICE ANALYSIS AND IMPACT ON TRIAL SCHEDULE

10. Lack of Prejudice. The requested continuance will not unduly prejudice the opposing party because: [________________________________].

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

12. Impact on Witnesses. [________________________________].

13. Cost Implications. The Moving Party acknowledges that the Court, in its discretion, may grant a continuance on such terms and conditions as justice requires, which may include allocating reasonable costs occasioned by the continuance. The Moving Party [☐ agrees to bear reasonable costs / ☐ requests that costs not be assessed because ________________________________].

14. Proposed Revised Schedule:

PART V: LEGAL STANDARD

15. Kentucky has no separate Rule of Civil Procedure governing continuances. The grant or denial of a continuance is committed to the sound discretion of the trial court, and a ruling is reviewed only for abuse of that discretion. See Abbott v. Commonwealth, 822 S.W.2d 417, 418 (Ky. 1992). (In criminal cases, the analogous procedure is governed by RCr 9.04.)

16. In evaluating a motion for continuance, Kentucky courts weigh the factors set out in Snodgrass v. Commonwealth, 814 S.W.2d 579, 581 (Ky. 1991) — factors the Court of Appeals has held apply equally in civil cases, Guffey v. Guffey, 323 S.W.3d 369, 372 (Ky. App. 2010):

a. Length of delay requested;

b. Previous continuances granted in the case;

c. Inconvenience to litigants, witnesses, counsel, and the court;

d. Whether the delay is purposeful or is caused by the party seeking the continuance;

e. Availability of other competent counsel;

f. Complexity of the case; and

g. Whether denying the continuance will lead to identifiable prejudice.

See Snodgrass, 814 S.W.2d at 581; Guffey, 323 S.W.3d at 372.

17. The Court retains discretion to grant a continuance on such terms and conditions as justice requires, which may include allocating reasonable costs occasioned by the continuance. The Court retains final discretion in the granting or denial of any continuance.

18. CR 6.02 (Enlargement) allows the Court, for cause shown, to enlarge the time for performing any act required or allowed by the rules, a notice given thereunder, or a court order. A request made after the expiration of the specified period may be granted where the failure to act was the result of excusable neglect (subject to the exceptions stated in the rule for CR 50.02, 52.02, 59.02, 59.04, 59.05, 60.02, 72.02, 73.02, and 74).

19. Where a motion for continuance is based on the absence of a material witness, the movant should demonstrate, consistent with the diligence, materiality, and prejudice factors above: (a) the name and expected testimony of the witness; (b) the materiality of the testimony; (c) due diligence in securing the witness's attendance; (d) the probability of procuring the testimony within a reasonable time; and (e) that the motion is made in good faith and not for delay.

PART VI: AFFIDAVIT IN SUPPORT OF MOTION FOR CONTINUANCE

COMMONWEALTH OF KENTUCKY
COUNTY OF [________________________________]

AFFIDAVIT OF [________________________________]

I, [________________________________], being first duly sworn, state as follows:

1. I am [counsel of record for / the party] [________________________________] in the above-captioned action. I am over the age of eighteen (18) and competent to testify to the matters stated herein.

2. The [trial / hearing / proceeding] is currently scheduled for [__/__/____] at [____] [a.m./p.m.] before the Honorable [________________________________].

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

4. I first became aware of the circumstances necessitating this continuance on [__/__/____] and have acted promptly to seek relief.

5. (If based on absence of witness):

a. Name of witness: [________________________________]

b. Expected testimony: [________________________________]

c. The testimony is material because: [________________________________]

d. Diligence exercised to secure the witness's attendance: [________________________________]

e. Probability of obtaining the testimony within a reasonable time: [________________________________]

f. The witness's absence has not been procured by or at the request of the Moving Party.

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

7. I have exercised due diligence in preparing this case for trial and in complying with all court orders and deadlines.

8. This motion is made in good faith and not for purposes of delay, harassment, or any improper purpose.

9. Granting this continuance will not unduly prejudice any party to this action.

________________________________________
[________________________________]

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

________________________________________
Notary Public, Commonwealth of Kentucky, State at Large
My Commission Expires: [__/__/____]
Notary ID No.: [________________________________]

PART VII: PRAYER FOR RELIEF

WHEREFORE, the Moving Party respectfully requests that this Honorable Court:

1. GRANT this Motion for Continuance for good cause shown;

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

3. AMEND the scheduling order to reflect revised deadlines as proposed herein or as the Court deems appropriate;

4. DECLINE to assess costs against the Moving Party, or in the alternative, set a reasonable amount;

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

Respectfully submitted,

Date: [__/__/____]

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

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

PART VIII: PROPOSED ORDER

COMMONWEALTH OF KENTUCKY

[________________________________] CIRCUIT COURT

DIVISION [____]

CIVIL ACTION NO. [________________________________]

ORDER ON MOTION FOR CONTINUANCE

This matter having come before the Court upon the Motion for Continuance filed by [________________________________], and the Court having considered the motion, the supporting affidavit, any response or objection, and the record in this action, and in the exercise of its sound discretion:

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 hereby CONTINUED to [__/__/____] at [____] [a.m./p.m.].

2. The scheduling order entered under CR 16 is amended as follows:

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

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

4. ☐ Costs of $[________________________________] are assessed against the Moving Party as a condition of this continuance.

☐ No costs are assessed.

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 Court finds: [________________________________].

☐ The Motion for Continuance is GRANTED IN PART.

[________________________________]

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

________________________________________
Judge, [________________________________] Circuit Court
Division [____]

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, PROPOSED ORDER, and all exhibits, was served upon the following via the Kentucky Court of Justice eFiling System (KYeCourts):

☐ 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
Kentucky 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: Written stipulation of parties (if applicable)

☐ Exhibit F: Correspondence with opposing counsel regarding conferral

☐ Exhibit G: [________________________________]

Sources and References

• Kentucky Rules of Civil Procedure: https://www.kycourts.gov/Courts/Pages/Rules-of-Practice.aspx
• Ky. R. Civ. P. (CR) 40 (Assignment of cases for trial) — trial-setting notice only; contains no continuance provision
• Ky. R. Civ. P. (CR) 6.02 (Enlargement)
• Snodgrass v. Commonwealth, 814 S.W.2d 579, 581 (Ky. 1991) (continuance factors; overruled on other grounds by Lawson v. Commonwealth, 53 S.W.3d 534 (Ky. 2001))
• Guffey v. Guffey, 323 S.W.3d 369, 372 (Ky. App. 2010) (applying Snodgrass factors in civil cases)
• Abbott v. Commonwealth, 822 S.W.2d 417, 418 (Ky. 1992) (abuse-of-discretion standard of review)
• RCr 9.04 (Postponement of hearing or trial — criminal continuances)
• Kentucky Court of Justice eFiling: https://www.kycourts.gov
• Kentucky Local Rules of Practice: https://www.kycourts.gov/Courts/Pages/Rules-of-Practice.aspx