Marshall County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

A continuance motion must be filed as soon as its cause is discovered and no later than 10 days before a bench trial, unless an affidavit shows the reason arose within that 10-day period.

A motion for continuance must be filed as soon after the cause for continuance is discovered by the moving party and not later than 10 days before a bench trial unless the reason thereafter is shown by affidavit to have occurred within said 10-day period.

CRITICAL

Small-claims continuances are discretionary and generally cannot be granted less than 3 days before trial, subject to party-and-court concurrence or a timely affidavit establishing illness- or injury-related physical impossibility, accompanied by a physician’s statement.

Continuances of small claims will be granted only at the discretion of the Court and, in no event, less than 3 days prior to trial, unless all parties and the Court concur to the continuance or unless shown by affidavit filed with the Court at least 1 day prior to trial that it is physically impossible to attend trial due to illness or injury. A physician’s statement must accompany the affidavit.

CRITICAL

An extension of time to file a brief or memorandum may be granted only by Court order.

Extensions of time for filing briefs or memorandum shall be granted only by order of the Court.

CRITICAL

Parties may not alter a deadline established by Court order by agreement without first seeking leave of the Court.

Deadlines established in Court orders may not be altered by agreement of the parties without first seeking leave of the Court.

WARNING

Lawyers shall agree to reasonable extension requests and waivers of procedural formalities unless doing so would materially or adversely affect their clients’ legitimate rights.

Lawyers shall agree to reasonable requests for extension of time and for waiver of procedural formalities, provided our clients’ legitimate rights will not be materially or adversely affected.

WARNING

When a hearing, deposition, meeting, or conference conflicts and needs rescheduling, lawyers must notify other counsel and, if appropriate, the court or others as early as possible.

Lawyers will notify other counsel and, if appropriate, the court or other persons, at the earliest possible time when hearings, depositions, meetings, or conferences are in conflict and need to be rescheduled.

WARNING

They will endeavor to accommodate previously scheduled dates for hearings, depositions, meetings, conferences, vacations, seminars, or other functions that produce good faith calendar conflicts on the part of other counsel. If a lawyer has been given an accommodation because of a calendar conflict, the lawyer will notify those who have been accommodating when and if the conflict has been removed.

They will endeavor to accommodate previously scheduled dates for hearings, depositions, meetings, conferences, vacations, seminars, or other functions that produce good faith calendar conflicts on the part of other counsel. If a lawyer has been given an accommodation because of a calendar conflict, the lawyer will notify those who have been accommodating when and if the conflict has been removed.

WARNING

Lawyers must not request an extension solely to cause unjustified delay or obtain a tactical advantage.

and they will not request an extension of time solely for the purpose of unjustified delay or to obtain a tactical advantage.