Rule 65 | Continuances

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 65 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Continuances

65.01 | Court May Continue a Civil Action to a Fixed Day

For good cause shown, the court may continue a civil action to a fixed day, or to a date for trial to be set thereafter. Every continuance granted on the application of a party may be at the cost of such party, if so ordered by the court.

Committee Note – 1974

This Rule is the same as Section 92 of the 1943 Code (Section 510.080 RSMo 1969).


(Amended January 19, 1973, effective September 1, 1973.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 1994

Rule 65 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Continuances

65.02 | Continuance in Civil Actions Against Non-residents

The court shall grant such continuance to a nonresident defendant as may be proper to afford a reasonable opportunity to defend.

Committee Note – 1974

This is substantially the same as prior Rule 65.02 but it has been broadened to cover all non-resident defendants.


(Amended January 19, 1973, effective September 1, 1973; amended September 28, 1993, effective January 1, 1994.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 2025

Rule 65 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Continuances

65.03 | Motion for Continuance, How Made

A motion for a continuance shall be in writing and accompanied by the affidavit of the movant or some other credible person setting forth the facts upon which the motion is based, unless the adverse party consents that the motion for a continuance may be made orally. In any motion for a continuance made within 30 days of the date the matter is scheduled to be heard, the lawyer shall certify that the party for whose benefit the motion is filed has been consulted, that the party is aware of the contents of the motion, and the party's position with respect to the motion.


(Amended January 19, 1973, effective September 1, 1973; amended December 21, 1993, effective January 1, 1995; amended March 5, 2024, effective January 1, 2025.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 2025

Rule 65 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Continuances

65.04 | Motion for a Continuance on Account of Absence of Witnesses Shall Show What

A motion for a continuance on account of the absence of witnesses or their evidence shall show:

(1) The facts showing the materiality of the evidence sought to be obtained and due diligence upon the part of the movant to obtain such witness or testimony;

(2) The name and residence of such witness, if known, or, if not known, the use of diligence to obtain the same and also facts showing reasonable grounds for belief that the attendance or testimony of such witness will be procured within a reasonable time;

(3) What particular facts the movant believes the witness will prove, and that the movant knows of no other person whose evidence or attendance the movant could have procured at the trial by whom the movant can prove or so fully prove the same facts;

(4) That such witness is not absent by the connivance, consent or procurement of the movant, and such motion is not made for vexation or delay but in good faith for the purpose of obtaining a fair and impartial trial.



(Amended January 19, 1973, effective September 1, 1973; amended September 28, 1993, effective January 1, 1994; amended March 5, 2024, effective January 1, 2025.)

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 65 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Continuances

65.05 | Affidavit for Continuance – Amendment – Admission of Facts Set Forth

If the court shall be of the opinion that the affidavit is insufficient, it shall permit it to be amended. If, after such amendment, the affidavit does not contain a sufficient statement of facts, the court shall overrule it. If the court finds the affidavit sufficient, the civil action shall be continued unless the opposing party will admit that the witness, if present, would swear to the facts set out in the affidavit, in which event the civil action shall not be continued. The party moving for the continuance may read as the evidence of such witness the facts stated in the affidavit. The opposing party may disprove the facts disclosed, or prove any contradictory statements made by the absent witness, or otherwise impeach the credibility of the absent witness.

Committee Note – 1974

This is substantially the same as prior Rule 65.05 except that the last sentence was substituted for:
"... the opposing party may disprove the facts disclosed or prove any contradictory statements made by such absent witness in relation to the matter in issue and on trial."


(Amended January 19, 1973, effective September 1, 1973.)

First Adopted: January 19, 1973

Most Recently Effective: July 01, 1991

Rule 65 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Continuances

65.06 | [REPEALED]

[Repealed effective July 1, 1991.]


(Amended January 19, 1973, effective September 1, 1973. Repealed Dec. 18, 1990, effective July 1, 1991.)