How Postponing a Court Date Works in Missouri
Rescheduling a court date in Missouri, commonly known as a continuance, is a legal procedure that allows for the postponement of a court proceeding. It’s a fundamental right in the judicial process, and its primary goal is to ensure fair proceedings. Courts in Missouri generally recognize a powerful public policy favoring "to secure a just, speedy, and inexpensive determination of every action and proceeding." [MO Sup. Ct. R. 1.02] In this context, rescheduling can be seen as an essential tool by which the judicial process can fulfill its primary role of resolving disputes. While significant delays in the justice system can be detrimental, a short delay that allows for additional time to prepare for a case can be a critical factor in achieving a fair outcome.
Failure to appear in court on the scheduled date can have serious consequences. Even if you have an excellent reason for missing your court date, it is generally at the discretion of the trial court to determine whether to issue a bench warrant for your arrest or issue a default order against you . This applies equally to defendants who miss a criminal proceeding and plaintiffs who miss a civil proceeding because it results in a failure to prosecute. Missouri Supreme Court Rule 67.01 states, "If a party fails to appear for a hearing, the court may proceed to hear the movant’s objections if duly served and go forward with a hearing, or grant the relief sought." Missed court dates can also have severe and adverse civil consequences.
To avoid the repercussions associated with missing a court date, you must file a motion to continue pursuant to Missouri Supreme Court Rule 67.02. The process typically entails filing a "motion to continue" and/or an "unopposed motion to continue" along with an "affidavit in support thereof," and there are specific requirements as to the timing of filing such motions. [See Rules 67.02 and 65.03] Although the plaintiff generally prepares this paperwork, you may expect the opposing party to object, in which case you would need to appear telephonically or in person for the hearing.
Legitimate Grounds for Seeking a Continuance
Missouri courts are generally going to be lenient with someone who makes an honest effort to continue a date. Unfortunately, it is also up to the judge whether or not such a request will even be entertained. Certain judges have a reputation for granting continuances whereas others do not. While judges tend to be more receptive to granting a continuance if notice of the request was provided well in advance of trial, some judges prefer that the party who is currently without an attorney be required to go to the hearing without a continuation. The following are common acceptable reasons for requesting a continuance: Medical emergencies; an emergency that suddenly presents itself (e.g. funeral, illness, accident, etc.); the preliminary hearing is scheduled in advance of the final hearing and adequate preparation time has not been afforded; one party has not been served; a party lives out of State or outside of the region, and it would be extremely difficult or result in tremendous hardship or substantial monetary cost for the individual to attend the hearing (especially when out-of-State witnesses or parties must also attend).
Filing a Motion for a Continuance
The process of filing a motion to continue in Missouri is fairly straightforward. However, to walk you through the applicable procedures, I would suggest you do the following:
- —Filling out paperwork. In essence, there are two forms you need to complete: The "Notice of Motion," which contains information about you, your case, your attorney, and the date you wish to reschedule your court date; and the "Notice of Hearing," which includes a short, simple description of the motion you wish to make, along with the time and place of the hearing. You can download both forms online, or request them from the court’s clerk. These forms should be completed in advance of the hearing you wish to reschedule.
- —Petitioning the court. Today, many Missouri courts allow paperwork to be submitted electronically. If this is the case for your local court, the "Notice of Motion" can simply be emailed to the clerk, or submitted via an official website. There may also be a filing fee associated with the motion, depending on your type of case. Then, you will want to check back with the clerk to confirm that your motion has been filed. If your local court does not accept electronic submissions, then you will need to submit a physical copy of the motion to the clerk of the court you wish to change.
- —Notify the other party of the hearing. In some cases, the judge may make a decision to reschedule without notifying the other party, but generally speaking, it is a good idea to make attempts to inform them. Be sure to keep a record of all attempts to notify the other party, and follow up with the court if the other party does not respond.
There are only a few deadlines involved when filing a motion for a continuance:
- File the motion at least 5 days prior to the hearing you are hoping to reschedule. Note that this is generally 5 court days, and not 5 calendar days.
- Make efforts to notify the other party at least 5 days prior to the hearing you are trying to reschedule.
- Respond to the other party’s response to your motion at least 3 days prior to the hearing that you are trying to reschedule.
How to Communicate Effectively With the Court
Communicating with the Court
While you can simply pick up the phone, or even email, the court clerk’s office and request they move your court date, the more formal request will go in the file where a record of the request will be maintained. This request will also ensure the judge is aware of the circumstances requiring the court date to be moved and the judge has the power to assist in granting the request.
Your request letter should be brief and to the point, while maintaining a professional tone. The letter should indicate both the initial court date and the date you are requesting . If you know at this time who will be handling your case, you should address the letter to them with a cc to the head clerk if that is appropriate. Most court clerks will require matching of the Judge’s initials when scheduling out.
The letter should remain open ended to necessary discussions as to your request. Do not assume the Judge will approve moving the date just because you ask for it (especially without representation).
The letter should only be sent out after no other options are available. In most cases it will be difficult to get a response from the court’s office until closer to the date of the hearing.
Counsel and Representation
If your case is more complicated or the consequences of missing your court date are severe, it is absolutely essential to seek legal counsel before trying to reschedule. Some judges and court staff are unlikely to find your request sufficient and may demand that you come in person, with an attorney, to ask for more time. This can prove quite problematic if you are current incarcerated, out of state or have mobility issues that make a personal appearance impractical. More practically, it is difficult to navigate the complicated network of rules, regulations and local practices without a lawyer at your side. If your case is particularly large or complex, you will want to have someone familiar with the particulars of court procedures nearby to help you negotiate the rescheduling process. Even if you believe your last-minute request is wholly justified, it is worthwhile to consult with an attorney, as your defense will need to continue whether or not the request is upheld.
What to Do If Your Request Is Denied
If your request to change the date is denied, it can be disheartening. First, you should try to understand why your request was declined. Did the judge have a full docket? Was it because you have not been compliant with the Court’s order? Did you file two motion to change the date and the Court only teaches one motion at a time? You can almost always learn something from why the Court isn’t granting your request. Maybe if you submit a return date and time, there is a favorable response. Consider finding out how the Court handles cases returning on the same day. Who is the docket clerk? What time does the Court get turning on the public counters? Maybe you will have to come back that same date by withdrawing the motion to change the date.
What do you do if the Judge denies your request to change the date? For example, you may have a motion set before the Court on Thursday, but you are going out of town on Wednesday morning. You cannot postpone the Court date because of your travel plans.
In Missouri, you can consider filing an interlocutory appeal. The rules are pretty complex . But the Rules of Civil Procedure give a one-sentence answer – you need permission from the Court. Mo. R. Civ. P. 87(a). Getting permission is better said than done. It usually takes some time – weeks perhaps.
You may want to show up at the Court on the assigned date. Consider informing the Judge that you are unprepared if the court date is to be determinative in some way. With all the COVID-19 variation laws, one might not have been informed of the hearing date. You may want to ask the Court to continue the case so you will have time to prepare. The Court may grant you a one-time extension on a motion to change the date. You can ask the Court to allow for limited discovery to be used before the Judge hears the motion. You might want to think about having witnesses to give testimony at the hearing to change the date.
As a reminder, once you get a hearing date, file a motion to vacate or reschedule the hearing date if you can no longer attend. Make sure you abide by the local rules and the circuit rules. In Federal Courts, the Court will typcially wait on you to withdraw your appearance from the parties on the docket.