Madison County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

An initial written motion to enlarge time to respond to a claim is automatically allowed for 30 additional days without a written court order; extensions beyond 30 days require a showing of necessity, and the rule does not apply to small-claims matters.

An initial written motion for enlargement of time, pursuant to Trial Rule 6(B)(1), to respond to a claim shall be automatically allowed for an additional thirty (30) days from the original due date without written order of the Court. Any motion filed pursuant to this rule shall state the date when such response is due and the date to which time is enlarged. Said motion and accompanying order must be filed on or before the original due date or this rule shall not apply. An enlargement in excess of thirty (30) days will be permitted by the Court only upon a showing of necessity. This rule does not apply to matters on the small claims docket.

CRITICAL

If requested upon receipt of the Notice of Pretrial, the court shall grant the State additional time to answer or otherwise respond to the petition.

Upon receipt of the Notice of Pretrial the court shall do the following if requested: 1. Grant leave for additional time in which for the State to answer or otherwise file a response to the petition.

CRITICAL

Unless made in open court, a continuance motion must be written and provide the hearing or trial date and time, reason, opposing counsel’s or party’s position, notice details if the opponent does not consent, and specified information about any conflicting trial-calendar matter.

Unless made in open Court, motions for continuance shall be in writing and shall include the following information: 1. The date and time of the hearing or trial for which a continuance is being sought and the reason for the request. 2. Whether opposing counsel (or party) agrees with or objects to said request. 3. If the opposing party or their counsel do not consent to the continuance, the date and time opposing counsel (or pro se opponent) was advised that a continuance would be requested. 4. If the continuance is requested because of conflicts on counsel's trial calendar: the conflicting cause number, current status of the conflicting cause, and the date said conflicting cause was set for hearing.

CRITICAL

A case may not be continued or removed from the trial calendar without court approval.

No case shall be continued or removed from the trial calendar without approval of the court.

CRITICAL

A continuance motion must be filed at least five days before a bench trial or hearing, or at least ten days before a jury trial, unless good cause is shown.

No motions for continuance will be considered unless filed at least five (5) days before a bench trial or hearing, unless good cause is shown, and at least ten (10) days before a jury trial, unless good cause is shown.

WARNING

Continuances of preliminary hearings are disfavored and will not be granted when requested less than five days before the hearing.

The continuance of a preliminary hearing is not favored and will NOT be granted when requested less than five (5) days before the hearing.

WARNING

A motion for change of venue from the judge or county must not cause a preliminary motion hearing to be continued when immediate or emergency relief may be required.

A motion for change of venue from the Judge or county shall NOT cause a preliminary motion hearing to be continued where immediate or emergency relief may be required.