Kentucky Small Claims Court Continuance: How to Postpone Your Hearing

Your small claims hearing is scheduled, but you just found out you have a medical procedure that day. Or a key witness can't make it. Or you discovered new evidence that changes your entire case and need time to prepare.

Kentucky District Courts can grant a continuance — a postponement of your hearing to a later date — but only for good cause. Knowing what qualifies and how to ask properly is the difference between getting more time and getting a judgment entered against you.

What Counts as "Good Cause"

The judge decides whether your reason justifies rescheduling. Reasons courts typically accept:

• Medical emergency — yours or an immediate family member's, ideally supported by a doctor's note
• Witness unavailability — a critical witness is out of state, hospitalized, or has a legitimate scheduling conflict, and their testimony is essential to your case
• Newly discovered evidence — you've learned about evidence that wasn't available when you filed and need time to obtain it
• Service of process issues — the defendant was never properly served and hasn't had adequate notice of the hearing
• Military deployment — the Servicemembers Civil Relief Act protects active-duty military from default judgments and may require a stay

Reasons that typically don't work: you forgot about the hearing, you want more time to think about whether to settle, you couldn't get time off work (courts are sympathetic but it's not automatic), or you just aren't ready yet.

How to Request a Continuance

File a written motion with the Office of Circuit Court Clerk before the hearing date. Don't just call the clerk's office and ask to reschedule — verbal requests aren't motions, and the clerk can't grant continuances (only the judge can).

Your written motion should include:

1. Your case number and the names of both parties
2. The currently scheduled hearing date
3. The specific reason you're requesting a continuance
4. Any supporting documentation (medical note, witness statement, etc.)
5. A statement that you've notified the other party (or made a good-faith effort to notify them)

File the written motion as early as possible and before the trial date.

What Happens If You Don't Show Up

This is the critical point: if you're the plaintiff and you don't show up and haven't gotten a continuance, the judge will dismiss your case — typically without prejudice, meaning you could refile, but you'll pay filing fees and service costs all over again.

If you're the defendant and you don't show up after being validly served, the judge won't automatically rule against you. But the plaintiff will present their evidence, and if the judge finds it satisfactory, they'll enter a default judgment for the full amount claimed plus court costs.

Either way, do not assume that a phone call to the clerk changes the hearing date; only the judge can grant the continuance.

After the Continuance

If granted, you'll get a new hearing date. Confirm the date and notice procedure with the clerk, then use the extra time to prepare your evidence and witnesses.

A judge who grants one continuance may be less sympathetic to a second request for the same case. Treat the rescheduled date as final.

Stay on Top of Your Deadlines

Between the hearing date, the service window, and the continuance filing deadline, a small claims case has more moving dates than people realize. The Kentucky small claims filing guide includes a deadline calendar that tracks every critical date from filing through the hearing, so a scheduling conflict doesn't cost you your case.

See more Kentucky guides →