Blackford County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

A continuance motion generally must be filed at least five days before a court trial or hearing, unless good cause is shown.

Unless good cause is shown, no motions for continuance will be considered unless filed at least five (5) days before a court trial or hearing,

CRITICAL

A continuance motion generally must be filed at least ten days before a jury trial.

and at least ten (10) days before a Jury Trial.

CRITICAL

Cut-off dates may be extended only by order of the Court.

Extensions of cut-off dates shall not be altered except by order of the Court.

CRITICAL

An extension of time to file briefs may be granted only by court order.

Extensions of time for filing briefs shall be granted only by order of the Court.

CRITICAL

A continuance motion must be in writing and state the opposing party’s position, the scheduled hearing or trial date and time, timing and duration estimates, and—unless the Court will hold a hearing—available proposed rescheduling dates and times.

(A) Motions for continuances shall be in writing and include the following information: a. Whether opposing counsel or pro se litigant agrees with, or objects to the continuance and requests a hearing, or objects and waives hearing. b. The date and time of the hearing or trial for which a continuance is being sought. c. The approximate amount of time needed to elapse before the matter can be heard. d. A good-faith estimate of the time needed for such hearing or trial when rescheduled. e. Unless Court will hold a hearing on the Motion for Continuance, the motion shall contain a proposed dates and times for rescheduling where all parties are available and the Court has available calendar space.

CRITICAL

Alternate jury-trial cases must proceed to trial if the priority case does not, unless they have been continued on a party’s or the Court’s motion by the Final Formal Pretrial.

(C) When cases are scheduled as alternates for jury trials and they have not been continued on the motion of a party or by the Court at or prior to the Final Formal Pretrial, these alternate cases shall proceed to trial if the priority case does not.

CRITICAL

The movant must promptly schedule a hearing on a contested continuance motion, and counsel must have direct or electronic access to their calendars.

(B) Hearings on contested Motions for Continuance shall be promptly scheduled by the movant and counsel shall have access to their calendars directly or electronically.

WARNING

The listed circumstances do not necessarily establish good cause for a continuance.

The following factors do not necessarily establish good cause for a continuance: a. Convenience to or a stipulation between the parties; b. Failure to expeditiously prepare for trial; c. Failure of client to adhere to financial agreement with an attorney; d. Settlement negotiations not yet completed, including the need to communicate an offer to a client appearing through counsel; e. Recent substitution of trial counsel; f. Subsequent scheduling of cases in other courts.

WARNING

If the worksheet is not provided, the Court may, in its discretion, continue the Final Hearing or withhold entry of the Final Decree.

The Court may, in its discretion, continue the Final Hearing or withhold entering the Final Decree for failure to provide the worksheet.

WARNING

The matter may be continued upon good cause shown or by agreement of the parties.

The jury venire shall be issued ten (10) days prior to the scheduled trial date, unless the matter is continued upon good cause shown, or by agreement of the parties.

INFO

A continuance-motion hearing may be conducted by telephone conference, initiated by the moving party or counsel.

Hearing on Motion for Continuance may be by telephonic conference initiated by the party/counsel moving for the continuance.