Johnson County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

Except in an emergency or as controlled by a pretrial conference order, a continuance motion for a court trial or hearing must be filed at least 7 days beforehand.

B. Time. With the exception of an emergency, a motion for a continuance must be filed: 1. at least seven (7) days before the court trial or hearing to which the motion pertains, or 2. at least ten (10) days before the jury trial to which the motion pertains; or 3. as controlled by a pretrial conference order.

CRITICAL

A continuance motion must state the scheduled hearing or trial date and time, the reason, an estimate of time needed, notice details, the opposing party's position, and proposed available dates and times.

C. Information in Motion. Motions for a continuance shall contain the following information: 1. The date and time of the hearing or trial for which a continuance is being sought; 2. The reason for the continuance; 3. A good-faith estimate of the time needed for such hearing or trial when rescheduled; 4. The date and time the opposing counsel or opposing party was notified that the party would be seeking a continuance; 5. Whether opposing counsel or opposing party agrees with or objects to the request; and 6. Proposed date(s)s and time(s) on which the parties would be available for the rescheduled hearing or trial

CRITICAL

A defendant may not receive a continuance in an action involving possession of real estate or personal property.

B. Possession of Real Estate or Personal Property. No continuance will be granted to a Defendant where the action involves the issue of possession of real estate or personal property.

CRITICAL

In Civil Plenary and Civil Torts cases, the moving party must first contact the responsible assistant court reporter to determine the Court's availability, then determine the opposing parties' availability.

D. Resetting Hearings and Trials -- Civil Plenary (PL) and Civil Torts (CT) Cases. In Civil Plenary and Civil Torts (CT / PL) cases, for the purpose of determining a date on which a rescheduled hearing or trial may be reset, the moving party shall contact the assistant court reporter who is responsible for the specific case type and shall determine dates and times on which the Court is available to hear the matter. The party shall then determine the availability of the opposing party or parties.

CRITICAL

A party may receive one continuance upon a showing of good cause; it ordinarily cannot be granted within 72 hours of trial without court approval, the motion must be made in person or by an attorney with a written appearance, and the opposing party must be notified timely and their objection status stated.

A. General Rule. Except as provided in LR41 - SC - 006(B) and (D) below each party to an action may be granted one (1) continuance with a showing of good cause. A continuance under this subsection shall not be granted within seventy-two (72) hours of the trial, unless approved by the Court. All motions for continuance must be made in person or by the party's attorney who has filed a written appearance on behalf of said party. The party or attorney obtaining the continuance shall notify any opposing party in a timely fashion and the motion must state whether or not the opposing party has an objection.

CRITICAL

Continuance motions must be timely and state the opposing party’s notification and known position; motions filed on or near the hearing date must explain the extenuating circumstances for the late filing and are considered case by case.

All motions for continuance must be filed in a timely manner. The motion must state the opposing Party has been notified (or a good faith attempt at notification has been made) and must state whether the opposing Party objects, if known. A motion for continuance filed on or near the hearing date must allege extenuating circumstances as to why the continuance is not filed timely and will be considered on a case- by-case basis.

CRITICAL

A continuance of a proceedings supplemental hearing is unavailable unless the parties agree or good cause is shown and the Court approves it.

D. Proceedings Supplemental. No motion for continuance of a proceedings supplemental hearing will be granted, except by agreement of the parties, or on good cause shown and upon approval of the Court.

WARNING

The parties may agree to reset a proceedings-supplemental hearing without a COTA, but sanctions under LR41-SC-015 are unavailable if a party fails to appear at the reset hearing.

In any proceedings supplemental, the parties may agree to reset a hearing without use of a COTA. If after such agreement either party fails to appear at the reset hearing, no sanctions shall be available under LR41 - SC - 015 for such failure to appear.

WARNING

An action may be continued by agreement of the parties, subject to court approval.

C. Agreed Continuances. Any action may be continued by agreement of the parties and approval of the Court.