STATE COURT MOTION FOR CONTINUANCE

(Kentucky Circuit Court – Template)

1. CAPTION

COMMONWEALTH OF KENTUCKY
[COUNTY] CIRCUIT COURT
CIVIL ACTION NO. [CASE NUMBER]

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

MOTION FOR CONTINUANCE OF [TRIAL/HEARING]

2. MOTION

[MOVING PARTY], by counsel, respectfully moves the Court pursuant to CR 40.02 to continue the [trial/hearing] currently set for [CURRENT DATE] to [REQUESTED NEW DATE] or a date convenient to the Court.

Good cause exists because [describe reasons—e.g., "lead counsel has another trial scheduled in federal court", "critical witness is unavailable", "additional discovery is required following recent disclosures"].

Counsel certifies that on [DATE] [he/she/they] conferred with counsel for [OPPOSING PARTY], who [does/does not] oppose the requested continuance.

3. MEMORANDUM OF LAW

A. Legal Standard

CR 40.02 permits continuances for good cause shown. Kentucky courts consider the diligence of the moving party, the reasons for the request, prior continuances, and potential prejudice to the opposing party. See Stoker v. Commonwealth, 289 S.W.3d 592, 598 (Ky. 2009).

B. Argument

1. Good Cause Exists. [// GUIDANCE: Provide detailed facts supporting the continuance, including relevant documentation.]
2. Diligence and Lack of Prejudice. [// GUIDANCE: Describe efforts to comply with existing deadlines and explain why the requested continuance will not unduly prejudice other parties.]
3. Requested Relief. [// GUIDANCE: Propose revised deadlines consistent with any scheduling order entered under CR 16.]

4. AFFIDAVIT OF [ATTORNEY NAME]

COMMONWEALTH OF KENTUCKY
COUNTY OF [COUNTY]

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

1. I am counsel of record for [PARTY] in this action.
2. The [trial/hearing] is scheduled for [CURRENT DATE].
3. Good cause exists for a continuance because [provide detailed facts].
4. I have exercised due diligence in preparing this case and promptly sought relief upon learning of the circumstances necessitating additional time.
5. On [DATE], I conferred with counsel for [OPPOSING PARTY], who [does/does not] oppose this motion.
6. This motion is made in good faith and not for purposes of delay.

[ATTORNEY NAME]

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

Notary Public, State at Large
My commission expires: ____

5. [PROPOSED] ORDER

COMMONWEALTH OF KENTUCKY
[COUNTY] CIRCUIT COURT
CIVIL ACTION NO. [CASE NUMBER]

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

ORDER

Upon motion of [MOVING PARTY] and finding good cause pursuant to CR 40.02, IT IS ORDERED:

1. The [trial/hearing] set for [CURRENT DATE] is continued to [NEW DATE] at [TIME].
2. The scheduling order is amended as follows: [list revised discovery, motion, and pretrial deadlines].
3. Counsel shall notify all witnesses and parties of the new schedule.

SO ORDERED this ___ day of ____, 20__.

Judge, [COUNTY] Circuit Court

6. CERTIFICATE OF SERVICE

I certify that on [DATE], a true copy of the foregoing MOTION FOR CONTINUANCE was served via the Kentucky eFiling system and by [additional method, if any] upon:

[List recipients]

[NAME OF DECLARANT]