Jennings County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

An initial motion for enlargement of time is summarily granted or denied ex parte at filing unless the Court decides to schedule a hearing.

F.) HEARING NOT REQUIRED. At the time of filing, the following motions shall be summarily granted or denied ex parte unless the Court, in its discretion, determines a hearing on such motion should be scheduled. 1.) Motion for Enlargement of Time [initial request]

CRITICAL

A continuance motion must state the reason, counsel’s contact with opposing counsel and the opposing counsel’s response, and include sufficient copies of a rescheduling order; agreement does not ensure the motion will be granted, and merely saying opposing counsel was contacted without giving the response is insufficient.

B.) Each motion shall contain the reason for the requested continuance, that counsel has contacted opposing counsel and opposing counsel’s response to the request, and shall be accompanied by sufficient copies of an order which will allow the Court to notify all parties of rescheduling the matter. Agreement of counsel does not necessarily mean the motion will be granted. Advising the Court, opposing counsel has been contacted, with no indication of their reply is not sufficient.

CRITICAL

A joint motion for continuance is summarily granted or denied ex parte at filing unless the Court decides to schedule a hearing.

F.) HEARING NOT REQUIRED. At the time of filing, the following motions shall be summarily granted or denied ex parte unless the Court, in its discretion, determines a hearing on such motion should be scheduled. 5.) Joint Motion for Continuance

CRITICAL

Continuance requests must be made as soon as the reason is discovered or should have been discovered; except in an emergency or in open court, the written motion must be on file at least 10 days before the scheduled matter unless accompanied by an affidavit that the reason arose within that 10-day period, and exceptions may be granted for matters scheduled with less than 10 days’ notice.

A.) All requests for continuances shall be made as soon as the reason therefore has been discovered or should have been discovered. All motions shall, except in the event of an emergency or in open Court, be in writing and on file with the Court no later than ten (10) days prior to the scheduled matter unless the motion is accompanied by an affidavit that the reasons for the continuance have occurred within the ten (10) day period. Exceptions may be granted for matters scheduled with less than ten (10) days’ notice.

WARNING

The Financial Declaration Form deadlines may be changed by court order, for good cause shown after motion, or by a written agreement filed with the Court.

These time limits may be amended by court order or good cause shown after motion or by written agreement of the parties filed with the Court.

WARNING

The Court may require the requesting party, in addition to counsel, to sign a written continuance motion and may require service on parties, attorneys, and, in a criminal case, the victim or the victim’s family.

C.) The Court may require any written motion for continuance to be signed by the party requesting the continuance in addition to his or her counsel and may require the motions to be served on the parties as well as the attorneys and on the victim or the victim’s family in a criminal case.

WARNING

Unless an order states otherwise, a continuance delay is attributed to the moving party and excluded from the Criminal Rule 4 time period for the stated reasons.

In the absence of language stating otherwise, for any Order on Motion for Continuance issued by the Court, all delays shall be attributed to the moving party, and said delay is excluded from the Criminal Rule 4 time period due to the act of the defendant, court congestion, or emergency.