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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117369
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I need to know what laws in Kansas to reference in my motion

Customer Question

I need to know what laws in Kansas to reference in my motion to request a continuance. My attorney just dropped us because of a deal he made with the defendants, I actually have an email from him admitting as much. We just served the petition and they have already swamped me with 6" of requests, two motions to dismiss, three motions for depositions, and even a motion for a protective order (it's a long story). So I've typed out a rather long motion for a continuance where I lay out all the hardships that the defendants have caused and could use some advice, is it proper to lay out ALL the reasons why it's needed and what statutes in Kansas do I reference when it comes to the part about jurisdiction and venue. It's a civil suit in Johnson county, ks
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

KS Rule of Civil Procedure Rule 6.1 states you must file your motion for continuance within a reasonable time of knowing that a continuance will be required. Continuances are solely at the discretion of the judge and cannot be appealed. The motion does not need to be "rather long," it needs to be short, direct and to the point as to your good cause for the continuance. The court does not need detailed explanation of all of the hardships the defendants caused you. It is proper to lay out the exact reason for needing a continuance, last minute withdrawal of your attorney leaving you as an unskilled legal person trying to figure things out and also find a new attorney. Ask for 60 days for time to get another attorney, that is generally the most a court will give you.
Customer: replied 11 months ago.
The movers are at the house right now evicting us because I filed this lawsuit against the trustees, they cut off my income because of it and I have photographs of the trustees employees popping my tires right before I was going to meet with an attorney. Should I not cover the hardships such as these in the motion?
Customer: replied 11 months ago.
There is a lot that the judge needs to be aware of, can I write a letter or something?
Customer: replied 11 months ago.
how do I submit this motion? Drop it off in an envelope with the case number ***** it?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.

You can cover them very briefly. Your motion should not be more than 2 pages. If you go over that it is way too long for a motion for continuance. You cannot write a letter to the judge, you need to do everything by motion, but this is a motion for continuance it is not the place to give your whole case and set of facts.
Expert:  Law Educator, Esq. replied 11 months ago.
You have to write your motion, file it with the clerk of court's office and mail a copy of it to the defendants' attorneys.
Customer: replied 11 months ago.
Ok, so I just drop it off at the courthouse in Johnson county?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.

You bring it to the clerk of court at the courthouse where your suit is filed.