Allen County Courts, Indiana Adjournment & Extension Requirements

CRITICALCriminal cases

A party who was not timely served with a Notice of Claim or Notice of Counterclaim is entitled to a trial continuance.

A party is entitled to a continuance of a trial if they have not been timely served with a Notice of Claim or Notice of Counterclaim.

CRITICALCriminal cases

A motion to continue must identify the date at issue, state the reason with particularity, list future court dates and current deadlines, and state the other parties’ positions.

Pursuant to Local Rule LR02-TR7-12, (party), by counsel, moves the Court to continue the court conference/hearing/trial that is set tor _(date). In support, I swear and affirm, subject to the penalties for perjury, that the following representations are true: 1. The reason for this request is (state reason with particularity). All future court conferences/hearings and trial dates in this case are: (list and describe all the hearings and trial dates). All deadlines that are presently set in this case are: (list and describe all the deadlines). (List all other parties) does not object/objects to this continuance.

CRITICALCriminal cases

An initial written motion to enlarge the time to answer is automatically allowed until 30 days after filing or 2 days before the Case Management Conference, whichever comes first; it must be filed before that conference and does not apply to a defendant already in default.

An initial written motion for enlargement of time to file an Answer shall be automatically allowed for an additional thirty (30) days from the filing of the motion, or until two (2) days before the Case Management Conference, whichever is earlier. This rule shall not apply if the defendant requesting the motion has already been defaulted. For this rule to be applicable, the motion must be filed before the Case Management Conference is conducted.

CRITICALCriminal cases

A continuance motion made outside the conference, hearing, or trial must be verified, state its particularized grounds and the other parties’ positions, and list and describe the case’s existing deadlines and scheduled events.

A motion for continuance of a court conference, hearing or trial, unless made during the conference, hearing or trial, shall be verified, stating the grounds with particularity, and shall state whether the other parties agree with or object to the motion. The motion shall include a list and a description of all deadlines and conferences, hearings/trial dates presently set in the case.

CRITICALCriminal cases

File a continuance motion or stipulation as soon as the reason is discovered and no later than seven days before the scheduled date, unless an affidavit shows the reason arose within that seven-day period.

Motions or stipulations for continuance of a conference, hearing or trial shall be filed as soon after the cause for continuance or delay is discovered, and no later than seven (7) days before date set, unless the reason is shown by affidavit to have occurred within the seven (7) day period.

CRITICALCriminal cases

The reason for this request is (state reason with particularity). The (describe) is currently due on (date), and the undersigned requests the deadline be extended/modified to: (date). All future conferences, hearings and trial dates in this case are: (list and describe). (List all other parties) does not object/objects to this extension of time. This request does not/does impact other deadlines, court conferences/hearing/trial dates presently set in this case (if applicable, list and describe all impacted deadlines, conferences/hearings/trial dates).

The reason for this request is (state reason with particularity). The (describe) is currently due on (date), and the undersigned requests the deadline be extended/modified to: (date). All future conferences, hearings and trial dates in this case are: (list and describe). (List all other parties) does not object/objects to this extension of time. This request does not/does impact other deadlines, court conferences/hearing/trial dates presently set in this case (if applicable, list and describe all impacted deadlines, conferences/hearings/trial dates).

CRITICALCriminal cases

Except on good cause shown and approval by a Judicial Officer, no motion for continuance of a proceedings supplemental will be granted.

Except on good cause shown and approval by a Judicial Officer, no motion for continuance of a proceedings supplemental will be granted.

CRITICALCriminal cases

A continuance under subsection (A) may not be granted within 7 days of the hearing or trial unless a Judicial Officer approves it.

However, a continuance under this subsection shall not be granted within seven (7) days of the hearing or trial, unless approved by a Judicial Officer.

CRITICALCriminal cases

A motion to extend a response deadline or modify another deadline must be verified and state particularized grounds, the original and proposed due dates, all future case dates, and the other parties’ positions; failure to comply strictly may result in summary denial.

A motion for enlargement of time to file any response (other than to file an Initial Enlargement to Answer a Complaint as permitted in section G of this rule), and a motion to modify any other deadline (other than hearing dates or trial dates) shall be verified, shall state the grounds for the requested relief with particularity, shall state the date the original response is due, shall state the new date the moving party proposes for the response is to be due, shall list all future conferences, hearings and trial dates set in the case, and shall state whether the other parties agree with or object to the motion. A party’s failure to strictly comply with these requirements may subject the motion to summary denial.

CRITICALCriminal cases

The court will deny continuance requests based on the need for further plea negotiations.

The court will deny all requests for acontinuance based on the need for further plea negotiations.

CRITICALCriminal cases

The court may grant a continuance only for good cause and only as long as necessary, considering the prosecution's or defendant's request or consent and the public interest in prompt disposition.

Upon motion of any party, the court may grant a continuance only upon a showing of good cause and only for so long as necessary, taking into account not only the request or consent of the prosecution or defendant, but also the public interest in the prompt disposition of the case.

CRITICALCriminal cases

A continuance stipulation must state the particularized grounds and be signed by all attorneys of record.

The stipulation to continue the conference, hearing or trial of any pending matter shall state, with particularity, the grounds for the continuance and must be signed by all attorneys of record.

CRITICALCriminal cases

A continuance motion generally must be written, verified, state particularized grounds and the other party’s position, and be scheduled for argument if opposed; an oral motion at trial commencement is excepted, and a specified verified motion may be granted without a hearing.

A Motion to Continue a hearing, unless made orally at the commencement of a trial, shall be in writing, shall state with particularity the grounds, shall recite whether the other party objects or consents to the motion, and shall be verified, and shall be served upon opposing counsel or pro se party. When opposed, such motion shall be scheduled on the calendar by the moving party for argument. If the verified motion provides that the date of the hearing sought to be continued was not cleared on the calendar of all attorneys of record at the time of scheduling, the motion may be granted without a hearing.

WARNINGCriminal cases

The Court may amend these time limits for good cause shown.

These time limits may be amended by the Court for good cause shown.

WARNINGCriminal cases

The parties may continue proceedings supplemental by agreement.

The parties by agreement may continue a proceedings supplemental.

WARNINGCriminal cases

An attorney may enter an appearance before the defendant’s next court appearance and obtain a one-week continuance without appearing before the court.

(A) An attorney may enter his appearance on behalf of a defendant prior to the defendant’s next court appearance and secure a one (1) week continuance without appearing before the court.

WARNINGCriminal cases

The Court may grant an oral motion for continuance at the beginning of a hearing or trial upon a showing of good cause.

On a showing of good cause the Court may grant an oral motion for continuance at the beginning of a hearing or trial.

WARNINGCriminal cases

A defendant requesting private counsel or a public defender will be granted a two-week continuance to obtain counsel.

(B) Defendants requesting counsel (private or public defender) will be granted a continuance of 2 weeks for the purpose of obtaining counsel.

WARNINGCriminal cases

The parties may continue any hearing or trial by agreement.

Any hearing or trial may be continued by agreement of the parties.

WARNINGCriminal cases

Except as provided in paragraphs (B) and (D), each party may receive one continuance as a matter of right without showing good cause.

Except as provided in paragraphs (B) and (D) below, each party to a case may be granted one (1) continuance as a matter of right without showing good cause.

WARNINGCriminal cases

If the parties cannot complete a hearing within its scheduled time, it will be continued and reset unless the Court directs otherwise.

Should the parties be unable to complete the hearing within the scheduled time, the hearing will be continued and reset on the calendar, unless otherwise directed by the Court.

WARNINGCriminal cases

Upon request at the initial appearance, counsel is entitled to a two-to-three-week continuance to investigate the case and discuss potential settlement.

(C) Upon initial appearance, counsel will be entitled, upon request, to a continuance of 2 to3 weeks for the purpose of investigating the case, discussing potential settlement with the Prosecuting Attorney, etc.

WARNINGCriminal cases

The Court has discretion to grant or deny a continuance motion or stipulation.

The Court in its discretion may grant or deny a motion or stipulation for continuance of a conference, hearing or trial.

WARNINGCriminal cases

hearing or trial will be granted to a defendant where the case involves possession of real estate or personal property.

hearing or trial will be granted to a defendant where the case involves possession of real estate or personal property.

WARNINGCriminal cases

The Court may continue a dissolution-of-marriage hearing until all other pending dissolution cases between the same parties have been dismissed.

In its discretion, the Court may continue a hearing in any action for dissolution of marriage until all other cases for dissolution of marriage pending between the same parties in any Court have been dismissed.

WARNINGCriminal cases

The parties may agree to reset proceedings supplemental without a court order; if either party then fails to appear, the proceedings are dismissed and neither party is sanctioned for that failure.

In any proceedings supplemental the parties may agree to reset the proceedings supplemental without a court order to appear. If either party fails to appear at the reset proceedings supplemental, the proceedings supplemental shall be dismissed and no sanctions shall be issued against either party for the failure toappear.

INFOCriminal cases

The Court determines the rescheduling of all continued matters.

All matters continued shall be rescheduled as determined by the Court.