A motion to postpone a trial on account of the absence of evidence may be made only upon affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to obtain it. If the motion is based on the absence of a witness, the affidavit must show what facts the affiant believes the witness will prove, and not merely the effect of such facts in evidence, and that the affiant believes them to be true. If the adverse party will consent that, on the trial, the affidavit may be read as the deposition of the absent witness, the trial shall not be postponed on account of his absence.
Rule 43.03.Postponement of trial -- Motion and affidavit.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 43.03 requires a motion to postpone trial for absent evidence to rest on an affidavit showing the evidence's materiality and due diligence to obtain it, and bars postponement over an absent witness if the adverse party agrees the affidavit may be read as that witness's deposition.
Full Text of Rule 43.03
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
A party who wants to postpone a trial because evidence is missing cannot ask informally. The rule requires a motion supported by an affidavit that shows why the missing evidence matters and what efforts were made to obtain it before trial.
When the missing evidence is a witness, the affidavit must go further. It must set out the facts the affiant believes the witness would prove, not just the effect those facts would have as evidence, and state that the affiant believes those facts to be true.
The rule also gives the opposing side a way to keep the trial on schedule. If the adverse party agrees that the affidavit may be read at trial as if it were the absent witness's deposition, the court will not postpone the trial on account of that witness's absence.
Frequently Asked Questions
How do I ask a Kentucky court to postpone a trial because a witness can't attend?
File a motion supported by an affidavit showing the materiality of the expected evidence and that due diligence was used to obtain it. If the absence is a witness, the affidavit must also state the facts the affiant believes the witness would prove and that the affiant believes them true.
Can the other side block my request to postpone the trial for a missing witness?
Yes. If the adverse party agrees that your affidavit may be read at trial as the absent witness's deposition, the trial will not be postponed on account of that witness's absence.
What must the affidavit say about a missing witness's testimony?
It must show what facts the affiant believes the witness will prove, not merely the effect those facts would have as evidence, and it must state that the affiant believes those facts to be true.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 43.03). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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