An application for a continuance shall be made by a written motion accompanied by the affidavit of the applicant or some other credible person setting forth the facts upon which the application is based, unless the adverse party consents that the application for continuance may be made orally. In any application for continuance made within thirty days of the date the matter is scheduled to be heard, the lawyer shall certify that the party for whose benefit the motion is filed has been consulted, that the party is aware of the contents of the motion, and the party’s position with respect to the motion.
Rule 65.03.Motion for a Continuance, How Made.
Part I · Rule 65: Continuances · Last amended January 1, 2025 · Last verified July 22, 2026
This rule prints two full, separately-dated versions in the official compilation (a pending or recent amendment straddle); both are shown below.
In one sentenceRule 65.03 requires a continuance motion to be in writing and supported by an affidavit unless the opposing party agrees to an oral motion, and requires the lawyer to certify that the client was consulted when the motion is filed within 30 days of the hearing.
Full Text of Rule 65.03
Rule 65.03. Motion for a Continuance, How Made. — Effective until January 1, 2025
Rule 65.03. Motion for a Continuance, How Made. — Current version
A motion for a continuance shall be in writing and accompanied by the affidavit of the movant or some other credible person setting forth the facts upon which the motion is based, unless the adverse party consents that the motion for a continuance may be made orally. In any motion for a continuance made within 30 days of the date the matter is scheduled to be heard, the lawyer shall certify that the party for whose benefit the motion is filed has been consulted, that the party is aware of the contents of the motion, and the party's position with respect to the motion.
Amendment History
Effective until January 1, 2025
Amended Jan. 19, 1973, eff. Sept. 1, 1973; Amended Dec. 21, 1993, eff. Jan. 1, 1995; Amended Mar. 5, 2024, eff. Jan. 1, 2025.
Version 2
Amended Jan. 19, 1973, eff. Sept. 1, 1973; Amended Dec. 21, 1993, eff. Jan. 1, 1995; Amended Mar. 5, 2024, eff. Jan. 1, 2025.
Official Comment
Effective until January 1, 2025
This is substantially the same as prior Rule 65.03.
Version 2
This is substantially the same as prior Rule 65.03.
Plain-English Summary
Rule 65.03 sets the basic form a continuance motion must take. It has to be written and accompanied by an affidavit — from the movant or another credible person — setting out the facts the motion relies on, unless the opposing party consents to letting the motion be made orally instead. That written, sworn foundation gives the court something concrete to evaluate instead of a bare request for more time.
A separate requirement kicks in when the timing gets tight: if the continuance motion is filed within 30 days of the date the matter is scheduled to be heard, the lawyer filing it must certify that the client has been consulted, that the client is aware of the motion’s contents, and what the client’s position on the motion is. An amendment effective January 1, 2025 updated the rule’s wording from “application” and “applicant” to “motion” and “movant,” without changing what the rule requires.
Frequently Asked Questions
Does a continuance motion have to be in writing?
Yes, accompanied by an affidavit from the movant or another credible person setting out the facts the motion is based on, unless the adverse party consents to an oral motion instead.
What extra requirement applies if I’m asking for a continuance close to the hearing date?
If the motion is filed within 30 days of the scheduled hearing, the lawyer must certify that the client has been consulted, is aware of the motion’s contents, and knows the client’s position on it.
Can the other side agree to skip the written motion?
Yes, if the adverse party consents, the continuance motion can be made orally instead of in writing.
What does the supporting affidavit have to contain?
The facts on which the motion is based, sworn to by the movant or by some other credible person.
Did the wording of this rule recently change?
Yes, an amendment effective January 1, 2025 replaced “application” and “applicant” with “motion” and “movant” throughout the rule, without changing its substance.
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: motion for continuance missouricontinuance affidavit requirement missouriwritten motion for continuance missouriclient consultation certification continuance