(a) Scheduling cases for trial. Each district court must provide by rule for scheduling trials. The court must give priority to actions entitled to priority by law.
K.S.A. 60-240.Scheduling cases for trial; continuances
Last amended July 1, 2010 · Last verified July 28, 2026
In one sentenceK.S.A. 60-240 requires each district court to set trial-scheduling rules that give priority to statutorily preferred cases, lets the court grant continuances for good cause on just terms, and requires an affidavit or declaration supporting a continuance sought over a missing witness, document, or other evidence.
Full Text of K.S.A. 60-240
(b) Continuances. For good cause, the court may continue an action at any stage of the proceedings on just terms. When a continuance is granted due to the absence of evidence, it must be at the cost of the party requesting the continuance, unless the court orders otherwise.
(c) Motion for continuance based on absence of material witness, document, thing or other evidence; affidavit or declaration.
(1) Affidavit or declaration in support of motions. The court need not entertain a motion for a continuance based on the absence of a material witness, document, thing or other evidence unless supported by an affidavit or a declaration pursuant to K.S.A. 53-601, and amendments thereto.
(A) An affidavit or declaration in support of a motion for a continuance based on the absence of a material witness must state:
(i) The name of the witness, and, if known, the witness' residence;
(ii) the substance of the witness' expected testimony and the basis for the expectation;
(iii) that the affiant or declarant believes the statements in the affidavit or declaration to be true; and
(iv) the efforts that have been made to procure the witness' attendance or deposition.
(B) An affidavit or declaration in support of a motion for a continuance based on the absence of a material document, thing or other evidence must contain similar statements, with appropriate modifications.
(2) Objections. A party objecting to a continuance may not contradict the statement of the substance of the absent witness' expected testimony or the substance of the absent document, thing or other evidence, but may contradict any other statement in the affidavit or declaration.
(3) Granting or denying the motion. The court may deny the motion if the adverse party admits that the absent witness would, if present, testify as stated in the affidavit or declaration, and agrees that the affidavit or declaration be received as evidence at the trial and considered as though the witness were present and so testified. The granting or denial of a continuance is discretionary in all cases, regardless of compliance with the provisions of this subsection.
Amendment History
L. 1963, ch. 303, 60-240; L. 2010, ch. 135, § 109; July 1.
Plain-English Summary
Trial scheduling starts at the local level -- subsection (a) requires each district court to provide by rule for how it schedules trials, and to give priority to actions that the law entitles to priority. Beyond that framework, subsection (b) gives the trial court broad discretion to continue an action at any stage for good cause on just terms. When the continuance is granted because evidence is missing, the cost falls on the party who asked for the delay, unless the court orders otherwise.
A continuance sought over an absent material witness, document, thing, or other evidence needs more than a bare request. Subsection (c)(1) requires an affidavit or a declaration under K.S.A. 53-601 backing it up. For a missing witness, that affidavit has to name the witness and, if known, the witness's residence, describe the substance of the expected testimony and the basis for expecting it, affirm the affiant believes the statements true, and detail the efforts made to get the witness there or take a deposition. A continuance based on a missing document or other evidence needs similar statements, adjusted to fit.
An opposing party can contest most of what's in that affidavit, but not the substance of the absent witness's expected testimony or the absent evidence itself -- subsection (c)(2) walls that part off from dispute. And subsection (c)(3) gives the court an out even without a fight: if the adverse party admits the absent witness would testify as the affidavit describes and agrees the affidavit can be read into evidence as though the witness testified in person, the court can deny the continuance on that basis. Either way, granting or denying a continuance stays discretionary regardless of whether the moving party complied with these requirements.
Frequently Asked Questions
Can I get a trial continuance just by asking?
Not if the continuance is based on a missing witness, document, or other evidence. K.S.A. 60-240(c)(1) requires that request be supported by an affidavit or a declaration under K.S.A. 53-601, and the granting or denial of any continuance is discretionary with the court.
What does an affidavit supporting a continuance for a missing witness need to say?
Subsection (c)(1)(A) requires the witness's name and, if known, residence, the substance of the expected testimony and the basis for expecting it, an affirmation that the affiant believes the statements true, and the efforts made to secure the witness's attendance or deposition.
Can the other side challenge what I say the missing witness would testify to?
Not the substance of the testimony itself. Subsection (c)(2) bars a party objecting to the continuance from contradicting the stated substance of the absent witness's expected testimony or the substance of the absent evidence, though it can contradict other statements in the affidavit.
Who pays for a continuance granted because evidence wasn't ready?
Subsection (b) puts that cost on the party who requested the continuance, unless the court orders otherwise.
Can the court deny my continuance if the other side agrees to treat my witness's affidavit as their testimony?
Yes. Subsection (c)(3) allows the court to deny the motion if the adverse party admits the absent witness would testify as stated and agrees the affidavit or declaration can be received as evidence at trial as though the witness had testified in person.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
Also known as: continuance kansas civil casetrial continuance affidavit kansasmaterial witness affidavit continuancescheduling trial kansas district courtpostpone trial kansas lawsuit