Supreme Court of Missouri
en banc
March 5, 2024
Effective January 1, 2025
In re:
Repeal of subdivision and the title of subdivision 65.03, entitled "Application for Continuance, How Made," and subdivision and the title of subdivision 65.04, entitled "Application for a Continuance on Account of Absence of Witnesses Shall Show What," of Rule 65, entitled "Continuances," and in lieu thereof adoption of a new subdivision and a new title of subdivision 65.03, entitled "Motion for a Continuance, How Made," and a new subdivision and a new title of subdivision 65.04, entitled "Motion for a Continuance on Account of Absence of Witnesses Shall Show What."
ORDER
1. It is ordered that, effective January 1, 2025, the subdivisions and the titles of subdivisions 65.03 and 65.04 of Rule 65 be and the same are hereby repealed and new subdivisions and new titles of subdivisions 65.03 and 65.04 are adopted in lieu thereof to read as follows:
65.03 | MOTION FOR A 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.
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.
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
__________________________
MARY R. RUSSELL
Chief Justice