Marion Superior Court Adjournment & Extension Requirements

At least five days before a felony or misdemeanor setting, unless the presiding judge changes the deadline, a party must file a verified continuance motion stating the detailed reasons, hearing type, defendant custody status, opposing counsel's position, and three party-agreed suggested dates, with an accompanying written order; the request is deemed denied until granted.

In order for a party to continue a setting in a felony or misdemeanor case, trial or otherwise, the party shall file a verified written motion stating in detail the reasons why the setting needs to be continued. The motion shall also include the type of hearing, the custody status of the defendant, opposing counsel's position, and three (3) suggested dates that have been agreed upon by the parties for the Court to consider. Such motion shall be filed at least five (5) days before the setting that the party desires the Court to continue unless the time has been modified by the judge presiding over the cause. A written order shall accompany the motion. Until such motion is granted by the court, it shall be deemed denied.

A motion to waive an initial hearing when no later event is scheduled, or to add a new case event, must state the requested event type, provide suggested dates under the Trial Court's scheduling guidelines, and be filed with an accompanying written order at least five days before the current hearing date unless the presiding judge changes that deadline.

If a party files a motion for Waiver of Initial Hearing and the only future court event is scheduled is an initial hearing, or if a party files a motion to add a new case event, then the party shall include in the motion the type of future case event requested and shall provide suggested dates, per the Trial Court’s scheduling guidelines. Such motion shall be filed at least five (5) days before the date on which the hearing is currently set, unless the time has been modified by the Judge presiding over the cause. A written order shall accompany the motion.

For in-custody defendants, a continuance ordinarily may not exceed 14 calendar days for Class D/Level 6 felony and misdemeanor cases or 30 calendar days for major felony cases unless good cause is shown.

No Criminal Court shall grant a continuance in excess of fourteen (14) calendar days for in-custody Class D/Level 6 ===== PAGE 14 ===== felony and Misdemeanor cases, or in excess of thirty (30) calendar days for in-custody Major Felony Cases, without good cause shown.

An initial Rule TR 6(B)(1) extension is automatically granted for 30 additional days if filed by the original due date and states both the response due date and extended due date.

Initial written motion for enlargement of time pursuant to Rule TR 6(B)(1) to respond to a claim shall be automatically allowed for an additional 30 days from the original due date without a written order of the Court. Any motion filed pursuant to this rule shall state the date when such a response is due and the date to which time is enlarged. The motion must be filed on or before the original due date or this rule shall be inapplicable.

Subsequent extension motions must be designated as such and will be granted only upon a showing of good cause.

All subsequent Motions shall be so designated and will be granted only for good cause shown.

A continuance request for an infraction or ordinance-violation setting must be made by verified written motion at least 10 days before the setting and state the reasons in detail.

If a party desires to continue a setting in a case involving only infractions and/or ordinance violations, the party shall file a verified written motion stating in detail the reasons why the setting needs to be continued. Such motion shall be filed at least ten (10) days prior to the setting that the party desires the Court to continue.

Unless made during the hearing, a continuance motion must be written, state opposing counsel's objection and prior continuance requests, and may be required to be signed by the requesting party.

A. Motion. A Motion for Continuance, unless made during the hearing of the cause, shall be in writing, state whether opposing counsel objects to the motion and whether prior continuances have been requested by the moving party. The Court may require any written Motion for Continuance to be signed by the party requesting the continuance.

A continuance motion must be filed as soon as the cause for delay is discovered and no later than seven days before trial, unless an affidavit shows that the reason arose within the preceding seven days.

B. Time for Filing. Motions for Continuance must be filed as soon after the cause for continuance or delay is discovered by the party seeking same, and no later than seven days before the date assigned for trial, unless the reason therefor is shown by affidavit to have occurred within the seven day period.

A Petition for Extension of Time must state why the estate cannot be closed, give the estimated closing date, and propose any permissible partial distribution.

which shall include the following: (a) a statement of facts showing why the estate cannot be closed; (b) estimated date of closing; (c) a proposal for partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees and claimants.

If an unsupervised estate cannot be closed within one year, the personal representative must file an extension petition stating the reason, estimated closing date, and any permissible partial distribution proposal.

In the event the estate cannot be closed within that time period, the personal representative shall file a Petition for Extension of Time which shall include the following: (a) a statement of facts showing why the estate cannot be closed; (b) estimated date of closing; (c) a proposal for partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees and claimants.

If a wrongful-death estate remains open for one year, the personal representative must file a Petition for Extension of Time.

When an estate remains open one (1) year, the personal representative shall file a Petition for Extension of Time

A wrongful-death estate extension petition must explain why the estate remains open, state its estimated closing date, and identify the cause number and court for any pending action.

which shall include the following: (a) a statement of facts showing why the estate cannot be closed; (b) estimated date of closing; (c) if an action is pending, the cause number and the court.

Plaintiffs must file a motion for enlargement of time without first obtaining opposing counsel's consent.

Plaintiffs shall not seek consent of opposing counsel before filing a motion for enlargement of time, but shall file a motion for enlargement of time.

Before filing an enlargement motion, a defendant must determine whether opposing counsel objects and identify in the motion both the contacted counsel and whether an objection exists.

Defendants shall determine whether opposing counsel objects to a motion for enlargement of time before filing. The motion shall specify which opposing counsel was contacted and whether opposing counsel objected to the motion.

An enlargement motion or agreed-enlargement notice must state the trial setting, the filing and periods involved, and the requested due date; a noncompliant motion may be summarily denied.

The contents of a motion for enlargement of time or notice of agreed enlargement of time shall include: 1. Whether the case is currently set for trial, and, if so, when. 2. The filing to be submitted, the time period that is sought to be extended, and the time period that triggered it. 3. The specific due date requested. Any motion not satisfying these requirements may be summarily denied.

All deposition discovery must be completed 30 days before trial unless all parties agree otherwise or the Court orders an extension for good cause.

The parties shall cooperate in the scheduling of depositions and shall complete all deposition discovery by that date, unless otherwise agreed by all parties or by order of Court with good cause shown.

A motion to continue trial must be written, verified, and filed pursuant to T.R. 53.5, and it will be granted only upon a showing of exceptional circumstances.

E. A motion to continue trial may be made only by a written and verified motion pursuant to T.R. 53.5, and will be granted only upon a showing of exceptional circumstances.

Continuance motions are discouraged, and neither party is entitled to an automatic continuance as a matter of right.

Motions for Continuance are discouraged. Neither side is entitled to an automatic continuance as a matter of right.

Filing a dispositive motion does not constitute good cause for a trial continuance when the applicable motion deadline will not permit resolution before trial.

D. Dispositive Motions. The filing of a dispositive motion shall not constitute good cause for a Motion for Continuance of a trial if the time requirements governing such motion will not allow for the resolution of the motion prior to the date of trial.

A continuance is supported when a court-ordered custody or parenting-time evaluation or report was not submitted to the court at least seven days before the hearing.

D. Continuance. It shall be grounds for a continuance that a court ordered custody/parenting time evaluation or report has not been submitted to the court within seven days prior to the hearing date.

Parties must be ready for trial at the initial hearing absent a continuance motion; initial-hearing continuances are liberally granted except for possession-of-real-estate hearings, all-party joined motions are automatically granted, and later-hearing continuances require good cause.

Absent a Motion for Continuance, parties shall be ready for a trial on the merits at the initial hearing. Motions for Continuance of the initial hearing shall be granted liberally, except for hearings for possession of real estate. Motions for Continuance of the initial hearing joined by all parties shall be automatically granted. Motions for Continuance of hearings set after the initial hearing shall be granted only for good cause shown.

A Notice of Agreed Enlargement of Time is not required for an agreed extension of a master- or case-specific discovery-response deadline.

Such notices are not required for agreed extensions of deadlines related to master or case-specific discovery responses.