How to Request a Continuance in Missouri Small Claims Court

Your Missouri small claims hearing is scheduled but you can't attend on that date — a medical emergency, a work conflict you can't move, a family crisis. You need the hearing postponed. Missouri law allows continuances in small claims court, but it's not as simple as calling the clerk and asking to reschedule.

Continuances Are Discretionary, Not Automatic

Under RSMo 482.355, no party in a Missouri small claims case is entitled to a continuance as a matter of right. The judge decides whether to grant one based on whether you've shown good cause. The standard is flexible but real — you need a specific, verifiable reason, not just inconvenience.

Examples of circumstances that can support a good-cause request include a medical emergency or mandatory military duty. Explain the specific facts and provide documentation where available; the judge decides whether they justify a continuance.

How to File

1. Write a Motion for Continuance. It doesn't need to be formal legal language, but it must state the specific facts that establish good cause. "I had emergency surgery on October 15 and my doctor has restricted me from traveling until November 1" is a motion. "I need more time" is not.
2. File it with the Civil Records clerk at the Circuit Clerk's office as far in advance of the hearing as possible. Last-minute requests are harder to grant.
3. Serve a copy on the plaintiff (or their attorney) by mail or, if your court allows it, by e-service.
4. Confirm the judge has granted it. Check Case.net for a docket entry showing the judge signed an order granting the continuance and resetting the trial date. Until that order appears, the original hearing date stands.

The Critical Rule: Appear Unless the Continuance Is Officially Granted

This is where people lose cases. You file the motion, you mail a copy to the plaintiff, and you assume you're good. But unless the judge has signed an order and it's entered on the record, the original return date is still live.

If you don't appear and the continuance hasn't been officially granted, the judge can proceed without you. The plaintiff must still present evidence establishing a prima facie case before the court can enter a default judgment.

Informal phone calls to the clerk's office, out-of-court discussions with the plaintiff, and even a filed-but-unruled motion do not stay the proceedings. The only thing that excuses non-appearance is a signed judicial order resetting the trial date.

If you can't confirm the continuance was granted before the hearing date, show up. You can renew the request in person, and the judge can reset the date on the spot.

What If the Plaintiff Asks for a Continuance?

Continuance requests go both ways. If the plaintiff's attorney requests a continuance and the judge grants it, you'll receive notice of the new hearing date. Community court-watchers in Missouri forums note that initial continuances are common, especially when the plaintiff has hired an attorney who wasn't originally involved.

Getting a notice that your hearing has been pushed back isn't a problem — it gives you more time to prepare. But verify the new date on Case.net rather than relying solely on a letter.

For a full walkthrough of the Missouri small claims timeline — from service through the hearing and post-decision deadlines — the Missouri Small Claims Response Guide covers every step and the decisions you'll face along the way.

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