Monroe County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

A continuance motion must state the hearing or trial date and time, the reason, a good-faith estimate of the time needed if rescheduled, when opposing counsel or the party was notified, and whether the opponent agrees or objects; it must not include other requests.

A. Information in Motion. A motion to continue a hearing or trial shall contain the following: 1. The date and time of the hearing or trial for which a continuance is sought. 2. The reason for the continuance. 3. A motion for continuance shall not contain any other requests. 4. A good faith estimate of the time needed for such hearing or trial when rescheduled. 5. The date and time opposing counsel/party was notified that the party would seek a continuance. 6. Whether opposing counsel /party agrees with or objects to the continuance; and

CRITICAL

An initial written motion to enlarge time to answer or respond, filed on or before the original due date and stating the original and enlarged dates, is automatically allowed an additional 30 days without a court order.

A. Enlargement of Time to Answer. An initial written motion for enlargement of time to file an answer or other responsive pleadings shall be automatically allowed for an additional 30 days from the original due date without order of the court. Said motion shall state the original date when the response was due and the date to which that time is enlarged. For this rule to be applicable, the motion must be filed on or before the original due date.

CRITICAL

A vacation-conflict continuance motion must state when the vacation was scheduled; a motion based on another case must identify that case, when its conflicting date was set, and the type of hearing or trial.

A motion for continuance based upon a scheduling conflict with a previously scheduled vacation shall state the date the vacation was set. A motion for continuance based upon a scheduling conflict with another case shall specify the other case name and number, the date on which the conflicting hearing or trial date was set by the other court, and the type of hearing or trial.

CRITICAL

A continuance motion based on a previously scheduled vacation must state when the vacation was set.

A motion for continuance based on a conflict with a previously scheduled vacation shall state the date the vacation was set.

CRITICAL

The court will consider a Motion to Continue only if it is written, signed, and served and gives a good reason for the delay.

The court will consider written, signed, and served Motions to Continue if a good reason is provided for the delay.

CRITICAL

A continuance request filed within 72 hours of trial will not be granted unless the opposing party agrees or the judge determines it is necessary.

A continuance will not be granted for any request filed within 72 hours of the trial unless the opposing party agrees to the continuance, or the judge determines a continuance is necessary.

CRITICAL

A continuance motion must state the hearing or trial date and time, reason for the request, estimated rescheduled hearing time, when the opposing side was notified, the opposing side’s position, and contact information for an unrepresented opposing party or why it is unavailable.

A motion to continue a hearing or trial shall contain the following: 1. The date and time of the hearing or trial for which a continuance is 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 opposing counsel/party was notified that the party would be seeking a continuance. 5. Whether opposing counsel /party agrees with or objects to the continuance; and 6. Contact information, including at least one telephone number, for any unrepresented opposing party, or an explanation of why that information is not available on diligent inquiry.

CRITICAL

A continuance motion based on a conflict with another case must identify that case, when the conflicting date was set, and the type of hearing or trial.

A motion for continuance based upon a scheduling conflict with another case shall specify the other case name and number, the date on which the conflicting hearing or trial date was set by the other court, and the type of hearing or trial.

WARNING

Unrepresented parties and counsel are expected to begin discovery promptly, and extensions are granted only upon a showing of diligence and good cause.

A. Commencement. In general, unrepresented parties and counsel are expected to begin discovery promptly and shall be granted extensions only upon a showing of diligence and good cause.

WARNING

Parties seeking to continue a hearing should file a written Motion to Continue as soon as they know the hearing date presents a problem.

Parties who wish to delay (continue) a hearing should file a written Motion to Continue as soon as they know that the hearing date presents a problem.

INFO

A party objecting to a continuance may ask the court to set a telephone conference about the objection.

If there is an objection to a continuance, the objecting party may ask the court to set a telephone conference to consider the objection.

INFO

The Court may continue the guardian-appointment hearing to appoint a guardian ad litem or attorney.

The Court may in its discretion determine that the alleged incapacitated person should have a guardian ad litem or attorney appointed to represent his or her interests, and the hearing for appointment of a guardian for the alleged incapacitated person may be continued by the Court for that purpose.