How to Get a Continuance in Kansas Small Claims Court

You Can't Just Call and Reschedule

A common mistake: calling the clerk's office to say you can't make it and assuming the hearing gets moved. It doesn't work that way. In Kansas small claims court, a hearing date is changed only by a formal court order signed by the judge. Phone calls, emails between parties, or verbal agreements with the plaintiff do not alter the court's schedule.

If you need to postpone, you have to file a written Request for Continuance.

How to Request a Continuance

File a written motion with the District Court Clerk in the county where your case is pending. The motion should include:

• Your case caption — plaintiff's name, defendant's name, and the case number.
• The current hearing date you're asking to reschedule.
• Your reason (good cause) — explained briefly and honestly.
• A proposed alternative — some courts ask whether you're available on specific dates.

File the motion as early as possible. A request filed weeks before the hearing is far more likely to be granted than one filed the day before. Local district rules (like 6th Judicial District Rule 2.04) specifically require the motion to be filed "as far in advance of trial as practicable."

What Counts as Good Cause

The judge decides whether your reason justifies rescheduling. Examples that courts commonly grant:

• A medical emergency or hospitalization (yours, not optional appointments)
• A previously scheduled surgery or medical procedure with documentation
• A serious family emergency — death, hospitalization of an immediate family member
• A scheduling conflict with another court proceeding (bring proof of the other court date)
• Military deployment or active duty obligations

Examples that are less likely to succeed:

• A work conflict, unless you can show you'll lose your job (bring a letter from your employer)
• Vacation plans booked after you were served
• Needing "more time to prepare" without specific circumstances explaining the delay
• Not wanting to deal with it yet

What Happens After You File

The judge reviews your motion and issues a written order granting or denying the continuance. If granted, you'll receive a new hearing date. If denied, the original hearing date stands and you must appear.

Do not assume your continuance will be granted. Until you have a written court order with a new date, you are required to show up at the original hearing. If you filed a motion, never received a response, and skip the hearing, the judge enters a default judgment against you.

What If You Just Don't Show Up?

If you miss the hearing without an approved continuance, the judge enters a default judgment in the plaintiff's favor for whatever they asked for — up to $10,000 plus court costs. You don't get to present your defense.

Getting a default judgment set aside is possible but much harder than getting a continuance in the first place. You'd need to file a Motion to Vacate Default Judgment and convince the court you had a valid reason for missing the hearing — and that you have a meritorious defense to the claim.

Continuances for Counterclaims

If you file a counterclaim close to the hearing date and the plaintiff claims they didn't receive it in time to prepare, the judge may grant the plaintiff a continuance. Return your Defendant's Claim form well before the hearing; some local instructions recommend about seven days so the clerk can send a copy to the plaintiff.

Plan Ahead

The moment you're served, check the hearing date against your schedule. If you know immediately that you have a conflict — a surgery, another court date, a work trip you can't change — file the continuance request right away. Early requests get granted more readily, and you avoid the stress of a last-minute scramble.

For a complete guide to every step of the Kansas small claims response process — deadlines, evidence preparation, hearing logistics, and post-judgment options — see the Kansas Small Claims Response Guide.

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