For good cause shown, the court may continue a civil action to a fixed day, or to a date for trial to be set thereafter. Every continuance granted on the application of a party may be at the cost of such party, if so ordered by the court.
Rule 65.01.Court May Continue a Civil Action to a Fixed Day.
Part I · Rule 65: Continuances · Last amended September 1, 1973 · Last verified July 22, 2026
In one sentenceRule 65.01 gives a court discretion, on a showing of good cause, to continue a civil action to a fixed day or to a date the court will set later, and to condition a party-requested continuance on that party paying the associated cost.
Full Text of Rule 65.01
Amendment History
Amended Jan. 19, 1973, eff. Sept. 1, 1973.
Official Comment
This Rule is the same as Section 92 of the 1943 Code ( Section 510.080 RSMo 1969).
Plain-English Summary
Rule 65.01 supplies the general authority behind a trial continuance in Missouri. For good cause shown, the court may continue a civil action to a fixed day, or push it off to a date the court will set at a later time instead of fixing one immediately. The rule also gives the court a cost-shifting tool: when a party applies for the continuance, the court may order that the continuance comes at that party’s cost.
This rule works as the general backdrop for the more detailed continuance provisions that follow — Rule 65.02’s protection for nonresident defendants, Rule 65.03’s requirements for how a continuance motion must be made, and Rules 65.04 and 65.05’s specific rules for a continuance sought because a witness is unavailable.
Frequently Asked Questions
What does Rule 65.01 let a court do?
Continue, or postpone, a civil action to a fixed day, or to a date the court will set later, on a showing of good cause.
Who has to show good cause for a continuance?
The party asking for it.
Can the court make me pay for a continuance I requested?
Yes, the rule allows the court to order that a continuance granted on a party’s application comes at that party’s cost.
Is a continuance automatic once requested?
No, it is discretionary with the court and requires a showing of good cause.
How does this rule relate to the more specific continuance rules that follow it?
Rule 65.01 supplies the general good-cause standard and cost-shifting authority; Rules 65.02 through 65.05 add specific requirements for nonresident defendants, how a continuance motion must be made, and continuances sought because a witness is unavailable.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: continuance missouri civil casepostpone trial missourigood cause continuance missouricontinuance costs missouri rule 65.01