§ 484.080.Continuance
Title 6.5. Attachment · Chapter 4. Noticed Hearing Procedure for Obtaining Writ of Attachment · Article 1. Right to Attach Order; Issuance of Writ of Attachment · Enacted 1974 · no amendments on record · Last verified July 28, 2026
Full Text of § 484.080
Plain-English Summary
Hearings don't always go forward on the original date. Subdivision (a) covers the plaintiff's side: if the plaintiff isn't ready to proceed, or hasn't complied with the service requirements of § 484.040, the court can either deny the application outright or, for good cause, grant a continuance. If it grants one, the court may extend any temporary protective order already issued under Chapter 6 for up to ten days past the new hearing date, provided the plaintiff shows a continuing need for it.
Subdivision (b) covers the defendant's side: the court may, for good cause, grant a reasonable continuance so the defendant can prepare opposition to the right to attach order. Here the temporary protective order extension is closer to automatic — the court must extend it up to ten days past the new hearing date unless the defendant shows, under § 486.100, that the order should be modified or vacated instead.
Frequently Asked Questions
What happens if the plaintiff isn't ready to proceed at the attachment hearing?
The court may deny the application for the order, or, for good cause shown, grant the plaintiff a reasonable continuance.
Can a defendant get more time to prepare opposition?
Yes, § 484.080(b) lets the court grant the defendant a reasonable continuance for good cause.
Does a continuance affect a temporary protective order already in place?
It can. The court may extend the order for up to ten days past the new hearing date. When the defendant requests the continuance, that extension is required unless the defendant shows under § 486.100 that the order should be modified or vacated instead.
Amendment History
Added by Stats. 1974, Ch. 1516.