Jasper County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

A motion to continue filed fewer than five days before the hearing must be verified and explain why it could not be filed on the ordinary schedule and why a continuance is necessary; it must also state the hearing date and time, coordination, contact efforts, and whether the opposing side objects.

Any motion to continue filed sooner than five (5) days before the date and time specified for the hearing for which a continuance is sought: 1. Must be verified; 2. Must state the reasons that the motion could not be filed pursuant to subpart A of this rule; 3. Must state the reasons for the necessity of a continuance; 4. The original date and time of the hearing; 5. Whether the hearing was coordinated with the Court or counsel; 6. Efforts made by the moving party to contact the opposing party or counsel prior to filing the motion to continue; and 7. Whether or not opposing counsel or the opposing party objects.

CRITICAL

Every motion to continue must state the original hearing date and time, whether the hearing was coordinated with the Court or counsel, efforts to contact the opposing side, any objection, and whether prior continuances were requested and granted.

Every motion to continue shall state: 1. The original date and time of the hearing; 2. Whether the hearing was coordinated with the Court or counsel; 3. Efforts made by the moving party to contact the opposing party or counsel prior to filing the motion to continue; and 4. Whether or not opposing counsel or the opposing party objects. 5. Whether any prior continuances have been requested for either party and whether such prior request was granted,

CRITICAL

A motion to continue must be filed at least five days before the hearing, measured from its specified date and time.

All motions to continue, pursuant to Trial Rule 6(D), must be filed five (5) days before the date and time specified for the hearing for which a continuance is sought.

CRITICAL

A continuance may be granted only on a party’s motion, for good cause and only as long as necessary, with the stated interests considered; requests must be written, disclose opposition and prior requests, identify their ordinal number in the title, and granted orders must identify whose motion was granted.

Upon motion of any party, the Court may grant a continuance only upon 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. All orders granting continuances shall indicate on which party's motion the continuance is granted. All motions for continuance or enlargement of time (whether 1st, 2nd, 3rd, etc) shall be made in writing, shall state whether or not opposing counsel objects to the motion, and shall state whether prior continuances or enlargements have been requested by either party and whether such prior request was granted. All motions for continuance or enlargement of time shall denominate in the title of such motion whether it is the first, second, third, etc motion for continuance or enlargement of time; e.g. Defendant’s Second Motion for Continuance of Mandatory Disposition Conference.

WARNING

A noncompliant or legally or factually unsupported, frivolous, vexatious, or bad-faith motion to continue may subject the moving party to sanctions, including attorney fees where permitted by law.

Motions to continue not filed in accordance with this rule or which are found to be unsupported by law or facts, frivolous, vexatious or in any way without good faith merit may subject the moving party to sanctions including attorney fees where permitted by law.

WARNING

If a party fails to comply with the trial-readiness rule, the Court may continue the final hearing until the parties comply.

A party failing to comply with this rule may be subject to sanctions from the Court under the Trial Rules or by any applicable statute. The Court may also continue the final hearing until the parties comply with this rule.

WARNING

The Court may decide a continuance motion without a hearing and may set an early-filed motion under subpart C for a hearing on whether the continuance is necessary.

The Court may grant or deny a continuance under this rule without hearing. The Court may set a motion made under subpart C for hearing on the issue of the necessity of the continuance.