Kansas Motion for Continuance - Personal Injury

State:
Multi-State
Control #:
US-PI-0221
Format:
Word; 
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Description

This form is a motion to continue based upon the unavailability of a witness, filed by the plaintiff in a personal injury action case.

A Kansas Motion for Continuance in the context of Personal Injury refers to a legal document filed by a party involved in a personal injury case in Kansas. This motion requests the court to delay or reschedule a trial or hearing to a later date, primarily due to valid reasons such as the unavailability of a key witness, the need for additional time to gather evidence, or the necessity for further medical evaluations. This motion aims to ensure a fair and smooth legal process for all parties involved. Keywords: Kansas motion for continuance, personal injury, legal document, trial, hearing, reschedule, delay, valid reasons, key witness, evidence gathering, medical evaluations, fair legal process. There can be different types of Kansas Motions for Continuance in Personal Injury cases, including: 1. Continuance due to Complications in Medical Evaluation: In situations where the injured party requires to be extended medical evaluations or further medical treatment to assess the full extent of their injuries, a motion for continuance can be filed. This allows both parties to have a clearer understanding of the medical condition and its implications, ensuring a fair proceeding. 2. Continuance based on Witness Unavailability: If a crucial witness, such as an expert or an eyewitness, becomes unavailable on the scheduled trial date due to unforeseen circumstances, a motion for continuance can be presented. This allows time for efforts to locate and secure the witness's availability, ensuring their essential testimony is included in the case. 3. Continuance requested for Evidence Gathering: In some instances, either party may require additional time to collect and organize evidence relevant to the personal injury case. This may involve gathering medical records, accident reports, or expert opinions. A motion for continuance can be filed to ensure an exhaustive review of evidence, which is crucial for establishing liability and determining appropriate compensation. 4. Continuance sought for Settlement Negotiations: Parties involved in a personal injury case may wish to pursue settlement discussions outside of court, avoiding a trial. In such circumstances, a motion for continuance requests the court's permission to postpone the proceedings temporarily while settlement negotiations take place. This allows time for the injured party and the at-fault party to explore potential agreements and reach a mutually satisfactory resolution. It is important to note that each motion for continuance must provide valid reasons and be supported by relevant evidence or documentation to ensure the court's consideration. The court will evaluate the motion considering the interests of all parties involved, including the injured party, ensuring a fair and efficient legal process.

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FAQ

In many situations, you can file a Small Claims lawsuit against an individual or a business if you are not seeking damages of more than $4,000 and if you want to work without an attorney.

Small claims court is only for simple cases to recover money or property worth $4,000 or less. If you seek more than $4,000, the claim is no longer ?simple? and you should consult an attorney. In most instances, you cannot be represented by a lawyer in small claims court.

Judgments Last Five Years in Kansas This means that unless the judgment is renewed by the courts, after five years, it will cease to operate as a lien against the defendant's estate. In other words, the defendant is no longer responsible for paying off any amount remaining on the judgment.

For example, the Kansas statute of limitations is three years for oral contracts, five years for written contracts, and two years for personal injury and property damage cases. If you don't file within the proper period, you lose your right to sue.

The notice of appeal to district court is filed with either the municipal court or district court clerk and must be filed within 14 days of the imposition of sentence. K.S.A. 22? 3609(b). A criminal defendant also has the right to appeal a judgment of a district magistrate judge.

Except as otherwise provided by statute or these rules, the response must be filed no later than 7 days after service of the motion or as otherwise provided by the court. (c) Oral Argument. The following rules govern oral argument and rulings on motions.

For personal injury claims, the period is generally two years in Kansas but can vary from one to eight years, depending on the nature of the case. The key factors involved are the age of the injured party, the kind of claim brought and the nature of the party you are attempting to hold liable for damages.

Statute of Limitations: Felonies, Misdemeanors, and Infractions. Like many states, Kansas law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations of five years applies for all crimes (felonies, misdemeanors, and infractions).

Statutes of Limitations in Kansas Code SectionKansas Statutes Annotated § 60-501 et seq.: Limitations of ActionsInjury to Personal PropertyTwo years (K.S.A. § 60-513(a)(2))Professional MalpracticeTwo years from reasonable discovery, four years maximum (K.S.A. § 60-513(a)(7))TrespassTwo years (K.S.A. § 60-513(a)(1))7 more rows

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Motion for Continuance · Answer with Defenses · Basic Pleading Format · Counterclaim · Entry of Judgment · Motion for Continuance · Motion for Substitution · Motion to ... Please strictly follow the instructions below to file your motion. 1. Fill in the defendant's name and the case number in the heading area of both the motion ...(1) Affidavit or declaration in support of motions. The court need not entertain a motion for a continuance based on the absence of a material witness ... The Tender of Plea of Guilty form will be submitted to the Court fully filled out and ... the Court a written request for a continuance setting forth the reasons ... Aug 23, 2023 — A party must file a motion to continue a pretrial conference, a hearing on a motion, or trial reasonably in advance of the current setting and ... A request for a continuance can be written or oral depending on the circumstances. Many times, requests for continuances are made in open court at the beginning ... Counsel for the moving party shall file a certificate of compliance with this rule with any motion filed under K.S.A. 60-237. (5). Motions for Protective Orders ... An attorney seeking to withdraw under Supreme Court Rule 117 must file and serve a motion for leave to withdraw on all counsel of record, and provide a proposed ... To file a case, you must pay the filing fee and fill out a form (called a petition) showing your name and address, the name and ad- dress of the person being ... If the Court denies the motion to dismiss, the defendant must file an answer within ... For example, if you file a personal injury action, your medical condition ...

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Kansas Motion for Continuance - Personal Injury