STATE COURT MOTION FOR CONTINUANCE

(Missouri Circuit Court – Template)

[// GUIDANCE: Some circuits require a separate Notice of Hearing and proposed order. Confirm whether a written request to the courtroom clerk is necessary before filing.]

TABLE OF CONTENTS

1. Caption and Case Information .................................................................................... 2
2. Notice of Motion and Motion ...................................................................................... 3
3. Background and Procedural History .......................................................................... 5
4. Legal Standard ............................................................................................................ 7
5. Argument .................................................................................................................... 9
   5.1 Diligence and Compliance with Existing Orders ................................................. 9
   5.2 Necessity for Continuance and Supporting Evidence ......................................... 11
   5.3 Prejudice Analysis and Balancing of Equities .................................................... 13
   5.4 Requested Relief and Proposed Revised Deadlines ............................................. 14
6. Affidavit of [ATTORNEY NAME] .................................................................................. 16
7. [Proposed] Order ........................................................................................................ 19
8. Certificate of Service ................................................................................................... 22
9. Filing Checklist and Practitioner Notes ...................................................................... 24

1. CAPTION AND CASE INFORMATION

IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY, MISSOURI
[DIVISION NUMBER] DIVISION

[PLAINTIFF NAME],
Plaintiff,
Case No. [CASE NUMBER]
v.
Division No. [DIVISION]
[DEFENDANT NAME],
Defendant.

MOTION FOR CONTINUANCE OF [TRIAL/HEARING TYPE]
Current Setting: [CURRENT TRIAL/HEARING DATE AND TIME]
Requested Setting: [REQUESTED NEW DATE RANGE OR "First available date after ___"]
Presiding Judge: Hon. [JUDGE NAME]
Courtroom/Platform: [COURTROOM NUMBER OR WEBEX/LIVESTREAM DETAILS]

[// GUIDANCE: Match caption formatting to local rules (e.g., 16th Cir. Local Rule 68.3).]

2. NOTICE OF MOTION AND MOTION

TO: [Opposing Counsel and/or Parties of Record]

PLEASE TAKE NOTICE that on [MOTION HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, in Division [NUMBER] of the Circuit Court of [COUNTY] County located at [COURTHOUSE ADDRESS], [MOVING PARTY] will and hereby does move the Court for an order continuing the [trial/hearing] currently set for [CURRENT DATE].

This motion is made pursuant to Mo. Sup. Ct. R. 65.01, Mo. R. Civ. P. 44.01, and the Court’s inherent authority to manage its docket. [MOVING PARTY] requests that the Court continue the [proceeding] to [REQUESTED NEW DATE RANGE], extend associated deadlines as outlined below, and grant such further relief as is just. Counsel certifies that on [DATE], the parties conferred regarding this request and [summarize opposing counsel’s position].

DATED: [DATE]
[LAW FIRM NAME]

By: _______
[ATTORNEY NAME] (Mo. Bar # [NUMBER])
Attorneys for [PARTY]

3. BACKGROUND AND PROCEDURAL HISTORY

[// GUIDANCE: Supply a thorough procedural summary.]

1. Case Overview. [Provide succinct description of claims/defenses, amount in controversy, and current posture.]
2. Scheduling Orders. The Court issued its Docket Control Order on [DATE], setting the [trial/hearing] for [CURRENT DATE] and establishing deadlines for discovery, motions, and ADR.
3. Discovery and Motion Practice. [Detail discovery completed and remaining, pending motions, expert designations, mediation efforts, settlement discussions.]
4. Developments Prompting Relief. [Explain new facts necessitating continuance—medical emergencies, late-disclosed evidence, expert unavailability, conflicting criminal trial, substitution of counsel. Reference Exhibits A–C.]
5. Prior Continuances. [State whether previous continuances were granted or denied, including dates and reasons.]

4. LEGAL STANDARD

Mo. Sup. Ct. R. 65.01 permits a continuance "for good cause shown" on such terms as are just. Trial courts possess broad discretion in granting or denying continuances, guided by diligence, necessity, and prejudice. State ex rel. Mo. Highway & Transp. Comm’n v. Moulder, 726 S.W.2d 816, 818 (Mo. 1987). Missouri appellate courts uphold continuances where the movant demonstrates specific facts showing the need for delay and timely seeks relief. See State ex rel. Mo. Highway Comm’n v. Eilers, 406 S.W.2d 567, 569 (Mo. 1966) (continuance appropriate when essential witness unavailable despite diligence); T.S. v. P.S., 530 S.W.3d 418, 424 (Mo. App. W.D. 2017) (trial court may adjust docket to ensure fairness). The movant should address alternatives, prior delays, and the effect on judicial efficiency. Mo. R. Civ. P. 44.01(b); Mo. R. Civ. P. 55.03.

5. ARGUMENT

5.1 Diligence and Compliance with Existing Orders

[// GUIDANCE: Document concrete efforts to comply with the docket control order—depositions scheduled, written discovery served, mediation participation, expert preparation. Attach exhibits evidencing scheduling communications and timely filings.]

5.2 Necessity for Continuance and Supporting Evidence

[// GUIDANCE: Describe the precise circumstances requiring additional time, supported by affidavits or declarations. Examples:
- Critical witness/expert is unavailable due to medical procedure or military deployment (attach Exhibit B).
- Recently produced voluminous records necessitate expert analysis (Exhibit C).
- Substitution of lead counsel shortly before trial (reference Rule 65.01(b) factors).
- Parallel proceedings or criminal matters commanding counsel’s appearance.]

5.3 Prejudice Analysis and Balancing of Equities

Explain how denial would materially prejudice [MOVING PARTY] (e.g., inability to present essential testimony, ethical conflicts, risk of reversible error). Address any prejudice to opposing parties and propose mitigations such as cost-sharing or limited extensions. Emphasize that the requested adjustment preserves judicial resources and aligns with the Court’s obligation to ensure a fair, orderly trial. Cite Herzog Contracting Corp. v. McGowen, 134 S.W.3d 206, 215 (Mo. App. W.D. 2004) (continuance appropriate when denial would compromise fundamental fairness).

5.4 Requested Relief and Proposed Revised Deadlines

Provide a detailed table of revised dates:

[// GUIDANCE: Offer alternative dates agreed upon with opposing counsel, and note any scheduling conflicts already cleared with the courtroom clerk.]

6. AFFIDAVIT OF [ATTORNEY NAME]

STATE OF MISSOURI )
) ss.
COUNTY OF [COUNTY] )

[ATTORNEY NAME], being duly sworn, states:

1. Capacity. I am counsel of record for [PARTY] in this matter and am authorized to submit this affidavit.
2. Current Setting. The [trial/hearing] is set for [CURRENT DATE] pursuant to the Docket Control Order entered on [DATE].
3. Grounds for Continuance. [Provide detailed facts: e.g., "On [DATE], Dr. [NAME], Plaintiffs’ sole liability expert, notified me that a previously scheduled cardiac procedure will occur on [DATE], rendering them unavailable for testimony through [DATE]." Attach supporting documentation.]
4. Diligence. Since entry of the scheduling order, my team has [describe discovery undertaken, depositions completed, motions filed]. We promptly sought relief upon learning of the conflict on [DATE].
5. Meet-and-Confer. On [DATE], I conferred with [Opposing Counsel] via [telephone/email]. [Opposing Counsel] [does not oppose/opposes/consents subject to conditions]. True and correct copies of our correspondence are attached as Exhibit [X].
6. Prior Continuances. [State whether previous continuances were requested, granted, or denied, including reasons.]
7. Good Faith. This motion is made in good faith, not for purposes of delay, and is necessary to protect [PARTY]’s ability to present its case.

Further affiant sayeth not.

[ATTORNEY NAME]

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

Notary Public

My commission expires: ____

7. [PROPOSED] ORDER

IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY, MISSOURI
[DIVISION NUMBER] DIVISION

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [CASE NUMBER]
Division No. [DIVISION]

[DEFENDANT NAME],
Defendant.

[PROPOSED] ORDER GRANTING MOTION FOR CONTINUANCE

On consideration of [Party]’s Motion for Continuance, the supporting affidavit, any responses, and the record, the Court FINDS:

1. Movant has demonstrated good cause under Mo. Sup. Ct. R. 65.01.
2. A continuance will promote the just and efficient resolution of this matter.

IT IS ORDERED that:

A. The [trial/hearing] scheduled for [CURRENT DATE] is continued to [NEW DATE] at [TIME] in Division [NUMBER].
B. The Docket Control Order dated [DATE] is amended as follows:
1. Discovery cutoff: _____
2. Expert disclosures (plaintiff/defendant/rebuttal): __
3. Dispositive motion deadline: ___
4. Pretrial conference: ____
5. Motions in limine / Trial briefs: __
6. Any additional deadlines: _____
C. Counsel shall notify all witnesses and coordinate with the Division Clerk regarding the new settings.
D. All other provisions of prior orders remain in effect.

SO ORDERED.

Dated: ________

Hon. [JUDGE NAME]
Circuit Judge

8. CERTIFICATE OF SERVICE

I certify that on [DATE] I electronically filed the foregoing Motion for Continuance via the Missouri eFiling System, which sent notice to all counsel of record. I further served copies by [additional method, if required] upon:

• [Name], Counsel for [Party], [Email/Address]
• [Name], [Title/Role], [Email/Address]

Dated: [DATE]

[NAME OF DECLARANT]

9. FILING CHECKLIST AND PRACTITIONER NOTES

• Attach Exhibits A–E (Scheduling Order, supporting documentation, correspondence, proposed scheduling grid, witness affidavits).
• Confirm compliance with local rules regarding page limits and notice periods (e.g., 30 days’ notice for trial continuances in some circuits).
• If the Court requires a joint proposed order, circulate this draft to opposing counsel and upload a Word version via File & Serve.
• Update Case.net entries and notify court reporters or interpreters of new dates once the order is entered.
• Calendar reminder to submit a revised case management conference report if mandated by the division.