Henry County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

A continuance motion should be filed as soon as the cause is discovered and no later than five business days before trial, unless an affidavit shows the reason arose during that five-day period.

Motions for Continuance shall be filed as soon after the cause for continuance is discovered by the party seeking same, and no later than five (5) business days before the date assigned for trial, unless the reasons therefor are shown by affidavit to have occurred within said five (5) day period.

CRITICAL

A contested faxed continuance motion filed less than five days before a hearing must state an emergency basis or may be summarily denied.

Faxed motions for Continuance filed less than five days prior to a hearing and which are contested by the opposing party must state an emergency basis for continuance or are subject to summary denial.

CRITICAL

An initial written motion to enlarge the time to respond to a claim is automatically granted for an additional 30 days from the original due date.

An initial written motion for enlargement of time to respond to a claim, pursuant to T.R. 6(B)(1), shall be automatically granted, allowing an additional thirty (30) days from the original due date.

CRITICAL

A motion for continuance must state the existing hearing’s date and time and specific reasons; general assertions without further detail may result in summary denial.

The motion shall set forth the date and time of the existing hearing and the specific reasons for the requested continuance. A motion which contains only general assertions, e.g., “Unavailability” or “other commitments”, with no additional specificity may be subject to summary denial.

CRITICAL

Extensions 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

Requests to extend time for filing briefs or similar action must be timely filed and accompanied by a tendered order with sufficient copies under Rule 3.

All requests for extensions of time for filing briefs or similar action shall be timely filed and shall be accompanied by a tendered order with sufficient copies as prescribed in Rule 3.

WARNING

Continuances are discouraged, are not granted as a matter of right, and one party’s continuance does not entitle opposing parties to one.

Motions for continuance are discouraged. Parties are not entitled to continuances as a matter of right, and the granting of a continuance for one party does not entitle opposing parties to a continuance as a matter of right.

WARNING

For failure to attend the required class, 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 attend the required class.

WARNING

If a party wants the matter recorded, has additional witnesses, or expects it to exceed 15 minutes, a continuance should be requested and the matter set for another day.

If a party desires to have the matter recorded, has additional witnesses or believes the matter will take longer than 15 minutes then a continuance should be requested and the matter set on another day.

INFO

The Court may, in its discretion, allow opposing counsel to respond to a subsequent motion for enlargement of time.

The Court, upon its own discretion, may allow opposing counsel an opportunity to respond to subsequent motions for enlargement of time.