Elkhart County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

A stipulation to continue a conference, hearing, or trial must state the grounds with particularity 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.

CRITICAL

A motion for a continuance must be in writing and state its grounds.

All motions for continuances shall be in writing and shall specifically set forth the grounds asserted for such a motion.

CRITICAL

Continuance motions or stipulations must be filed as soon as the cause 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 the date set, unless the reason is shown by affidavit to have occurred within the seven (7) day period.

CRITICAL

A continuance under the general rule cannot be granted within seven 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.

CRITICAL

In a case involving possession of real estate or personal property, a defendant cannot receive a continuance of a hearing or trial without good cause and Judicial Officer approval.

Except on good cause shown and approval by a Judicial Officer, no continuance of a hearing or trial will be granted to a defendant where the case involves possession of real estate or personal property.

CRITICAL

An initial written motion to enlarge the time to answer is automatically allowed for 30 days after filing or until two days before a scheduled Case Management Conference, whichever comes first; the rule 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, if set by the court, whichever is earlier. This rule shall not apply if the defendant requesting the motion has already been defaulted on.

CRITICAL

All motions for continuance must be made in writing with service to all other parties.

All motions for continuance must be made in writing with service to all other parties.

CRITICAL

Unless made during the conference, hearing, or trial, a continuance motion must be verified, state its grounds and the other parties’ positions, and list and describe the case’s presently set deadlines and 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.

CRITICAL

A continuance request must be submitted by pleading or motion and state whether all other parties were contacted and whether they agree or oppose.

Parties requesting a continuance shall submit a Pleading or Motion to the Court and shall indicate whether they have contacted all other parties and shall indicate in the pleading or motion the agreement or opposition to the request for continuance.

CRITICAL

A continuance motion for proceedings supplemental will not be granted without good cause shown and Judicial Officer approval.

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

CRITICAL

Except for an initial answer enlargement and requests to change hearing or trial dates, a motion to enlarge response time or modify another deadline must be verified and state the particular grounds, relevant dates, future case dates, and other parties’ positions.

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 206.5 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.

CRITICAL

The party obtaining a continuance must timely notify all other parties that the matter was continued and provide the new hearing or trial date and time.

The party obtaining a continuance shall notify all other parties to the case in a timely fashion that the matter has been continued, and of the new date and time for the hearing or trial.

WARNING

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.

WARNING

Except for the stated exceptions, 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.

WARNING

The Court may extend a deadline when the law allows an extension.

The Court may extend a deadline, if allowed by law.

WARNING

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

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.

WARNING

The parties may agree to reset proceedings supplemental without a court order; if either party then fails to appear, the proceeding must be dismissed and neither party may be 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 to appear.

WARNING

The Court may, in its discretion, require the requesting party to sign a written continuance motion or stipulation in addition to the attorney.

The Court, in its discretion, may require any written motion or stipulation for continuance to be signed by the party requesting the continuance, in addition to the party’s attorney’s signature.

WARNING

The Court determines the rescheduled dates for all continued matters.

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

WARNING

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.

INFO

The parties may continue a proceeding supplemental by agreement.

The parties by agreement may continue a proceeding supplemental.

INFO

The parties may continue a hearing or trial by agreement.

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

INFO

The parties may use remedies under the Indiana Rules of Trial Procedure to enforce, modify, or extend compliance time and may use those rules' discovery-request provisions to the full extent permitted.

The parties may utilize all remedies available in the Indiana Rules of Trial Procedure to enforce, modify, or extend the time within which to comply with the Court’s reciprocal discovery order. The reciprocal discovery order does not preclude either party from utilizing the provisions governing requests for discovery provided for in the Indiana Rules of Trial Procedure to the full extent permitted by said rules.