Rule 65.02.Continuance in Civil Actions Against Nonresidents.

Rule 65.02 singles out one category of defendant for mandatory protection. Where Rule 65.01 leaves continuances generally to the court’s discretion on a showing of good cause, Rule 65.02 tells the court it “shall” grant whatever continuance is proper to give a nonresident defendant a reasonable opportunity to defend. The rule’s history notes that it was broadened at one point to reach every nonresident defendant, instead of a narrower category, reflecting the practical difficulty someone outside Missouri can face in responding to a Missouri lawsuit on the same timeline as a resident defendant.

The rule does not spell out how long that continuance has to be — only that it must be whatever is proper to give the nonresident defendant a real chance to mount a defense, leaving the specific length to the circumstances of the case.