18.1	An accused person entering a plea of not guilty, or for whom the Court entered a plea of not guilty, shall be tried on the earliest practical day set by the court, unless a trial is continued for good cause; provided that an accused person in custody shall be tried on the earliest day that the Municipal Court convenes unless trial is continued upon motion of the accused person and for good cause. See K.S.A. 12-4409 and K.S.A. 12-4501.
18.2	Requests for continuances of a trial date made following a pre-trial conference, if any, or otherwise not made within ten (10) days of trial, may be granted only in exceptional circumstances and for good cause shown after a hearing is held upon the request, or with no objection by the opposing party, and upon a judge's approval. Parties requesting a continuance must provide prior notice to opposing counsel, or if the defendant has no counsel, then to the defendant personally at his last known address of record with the court, before making such request to the judge ex parte.
18.3	Where no request for a continuance has been made by the defendant, and where the defendant fails to appear for trial, or should the defendant appear but is unable to proceed at trial for any reason, then the court costs incurred to that point, including the costs of subpoenaing witnesses, may be assessed against the defendant, whether or not the defendant is ultimately convicted of any charge alleged in such case. See Charter Ordinance No. 122, Section 2 (a) (3) and (c).
18.4	The Court may, in its discretion, when continuances are requested because of illness of any party, require that the evidence of such illness be provided to the court.
18.5	Except as otherwise permitted within these rules, a first appearance or arraignment date in a criminal or traffic case set for court appearance may be extended once by the clerk of the municipal court for a period of not to exceed ten (10) additional days. No such extension will be granted by any court clerk without a judge's consent in cases in which a defendant is charged with a violation of Driving Under the Influence of Alcohol and/or Drugs or where such defendant is charged with any criminal offense filed pursuant to the Domestic Violence ordinances of the City of Wichita. See K.S.A. 12- 4409.
18.6	Upon any first appearance or arraignment a defendant may request the court for a continuance of up to thirty (30) days, within the discretion of the court, without setting the matter for pre-trial hearing or trial. See K.S.A. 12-4409.
18.7	Upon first appearance or arraignment in a criminal or traffic case (excluding cases charging violations of Driving Under the Influence of Alcohol and/or Drugs or alleging violations of the Domestic Violence ordinances of the City of Wichita) an attorney entering an appearance in such case on behalf of a defendant may continue the case once by contacting the clerk of the municipal court for another appearance date not to exceed thirty (30) days without setting the matter for pre-trial conference or for trial. See K.S.A. 12-4409.
18.8	All other continuances or extensions of time shall only be granted only by order of the judge. See K.S.A. 12-4409 and K.S.A. 12-4501.
18.9	Defendants at arraignment or first appearance wishing to retain counsel shall be given at their request one continuance not to exceed thirty (30) days for such purposes; the privilege of requesting a continuance shall not be abused once the accused has been given reasonable opportunity to contact and retain counsel of his or her choice. See K.S.A. 12-4401.
18.10	Defendants at arraignment or first appearance wishing to apply for diversion, deferred judgment, or desiring additional time to produce documentation or credentials pursuant to potential plea negotiations, shall be given one continuance not to exceed thirty (30) days for such purpose. The privilege of requesting a continuance shall not be abused by the accused once given a reasonable opportunity to file such diversion or deferred judgment application or to produce such documentation or credentials.
18.11	If after sixty days from the first appearance the accused has not disposed of the charges in the case without trial, and has not yet obtained appointed or retained counsel or waived counsel, the Court shall make appropriate inquiries and enter appropriate orders to resolve such issues. In such circumstances, and if none of the charges alleged carry any possibility of jail time being imposed, the Court may set the matter for trial and direct the defendant to appear for trial and be ready to try the case at the time and date specified either with or without counsel. If any of the charges alleged against the accused carry any possibility of the imposition of a jail sentence, the Court should resolve the issue of counsel by obtaining a written waiver of counsel from the defendant, by the appointment of counsel for the defendant, or by entry of appearance by retained counsel, and such case should be set for trial absent the entry of a plea of guilty or no contest. See K.S.A. 12-4409 and City Code Section 1.04.210.
18.12	Additional continuances requested more than sixty (60) days following first appearance or arraignment should not be granted by the Court following the entry of appearance simply to obtain proof of insurance, a valid driver's license, or other documentation which the defendant wishes to obtain before trial or disposition of the case. In such circumstances the Court should resolve the issue of counsel for the defendant and thereafter set the matter for trial. See K.S.A. 12-4409.
18.13	The court, in its discretion, may use a telephone conference call to conduct any emergency request for a continuance, or where the prosecutor and the defense have agreed to a continuance prior to the trial or sentencing date. The court may require the requesting party or parties to make reimbursement for any long-distance or conference call telephone charges incurred by the court.
18.14	Continuance requested more than sixty (60) days following first appearance or arraignment for any reason other than for trial, or disposition following waiver of trial, are not favored by the court. Such continuances should only be granted under exceptional circumstances involving medical emergencies or other compelling circumstances. See K.S.A. 12-4409.
18.15	Continuances requested on the day of trial are not favored by the court, and both the prosecution and defense should be fully prepared to dispose of any and all charges on the trial docket at the time of the scheduled trial. Charges on the trial docket should be disposed of by trial, plea, or dismissal, on the day of trial unless a bond forfeiture is at the time ordered for the accused's failure to appear. Any other method of continuing or delaying of the disposition of the charges from the trial date is not favored. See K.S.A. 12-4501.
18.16	Motions for continuances on the day of trial based upon the failure of a witness to appear will be determined upon the following factors: the good faith efforts of the party requesting the continuance to obtain the attendance of the witness for the scheduled trial date; whether a legally sufficient subpoena was timely issued in compliance with K.S.A. 60-245 (a) or (b), or K.S.A. 60-245a, and amendments thereto, at the request of the party requesting the continuance (see Charter Ordinance No. 122, Section 8 [a]); whether the party requesting the continuance made any good faith effort to serve such subpoena in a timely and legal manner upon the absent witness in compliance with K.S.A. 60-245 (d) and K.S.A. 60-303 (see Charter Ordinance No. 122, Section 8 [a]); whether the absent witness was properly served with a subpoena or otherwise indicated to the party requesting the subpoena that he or she would voluntarily comply with the subpoena without formal service of the subpoena (Id.); whether the party requesting the continuance was misled by absent witness regarding the willingness to appear in court without a subpoena; the good faith proffer of the party requesting the continuance as to the testimony which would be given by such absent witness; whether the absent witness would be allowed as a matter of law to assert any privileges against giving such proffered testimony in the present case; whether the reason for the absence of the witness can be ascertained, and such such reason was based upon an unexpected emergency or illness; whether the absence of the witness could, or should, have been known to the requesting party by due diligence prior to the date of trial; the pre-trial efforts, if any, of the party requesting the continuance at the time of trial to advise opposing counsel and the court of the problem relating to the attendance of the witness subpoenaed the scheduled trial; the prejudice and inconvenience which would be suffered by the parties, by the victim(s) and by the witnesses, if the motion for continuance is granted or denied by the court; the delay of the party requesting the continuance in notifying the court and opposing counsel until trial or during the trial docket while other witnesses are present or available for trial; and any other relevant circumstances made known to the Court at the time of the request for continuance.
18.17	Cases on the trial docket may not be continued pursuant to request made for the first time on the day of trial except upon exceptional circumstances, whether or not the parties in such case have agreed to the requested continuance. Neither the failure nor neglect of an attorney to give actual notice of a trial to a defendant, nor the failure of the defendant or his counsel to prepare for a scheduled trial date, nor the failure of a defendant to meet the financial obligations of his contract with defense counsel, shall ordinarily be deemed to be "exceptional circumstances" justifying a continuance on the day of trial. The Court is ethically obligated to report any neglect or failure of counsel in such circumstances to the attention of the disciplinary administrator. See K.S.A. 12- 4501.
18.18	Once all charges set for trial in a case have been disposed of by plea or trial, the court may, within its discretion, continue the matter for the preparation of a pre-sentence report, the sending of victim notification of a sentencing date, or for determination of restitution prior to sentencing or otherwise continue the matter for sentencing.

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Printer Friendly Version Related to Rules of the Municipal Court Main Rule 01: Prefatory Rule Rule 02: Definitions Rule 03: Court Hours Rule 04: Presiding or Administrative Judge Rule 05: Judges Pro Tempore Rule 06: Appearance Bonds Rule 07: Procedures Involving Notices to Appear Rule 08: Counsel Rule 09: Daily Docket - Sessions Rule 10: General Rules of Court Decorum and Safety Rule 11: Court Appearances - Failure to Appear Rule 12: General Practice and Procedure Rule 13: Diversions and Deferred Judgment Practice Rule 14: Discovery Rule 15: Motion Practice Rule 17: Docket Call, Arraignment, and Trial Practice Rule 18: Continuances Rule 19: Dismissals Rule 20: Costs, Fees and Conditions of Release After Sentence Rule 21: Post-Trial Matters Rule 22: Appeals Rule 23: Expungement Rule 24: Administrative Traffic Court Rule 25: Impound Hearings and Civil Rights Administrative Hearings Rule 26: Publication of Rules