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Trial Continuances

To obtain a continuance and/or delay of a trial setting in Missouri, a party needs to comply with Rule 65.03. This requires, among other things, that the request be accompanied by the affidavit of the movant or some other credible person setting forth the facts upon which the request for continuance is based.

The grant or denial of a continuance is discretionary. Portwood Hurt v. Hurt, 988 S.W.2d 613, 617 (Mo. Ct. App. 1999). An appellate court will only reverse a trial court’s decision regarding a continuance if there is an abuse of discretion. Id. Only in “extreme cases” will an appellate court find an abuse of discretion in denying a motion for continuance. Harris v. Desisto, 932 S.W.2d 435, 439 (Mo. Ct. App. 1996). There is no abuse of discretion if a movant ignores the affidavit or verification requirements of Rule 65.03. Hurt, 988 S.W.2d at 618.

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