Montgomery County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

A motion for continuance must be filed promptly after the cause for it is discovered.

The motion must be filed promptly upon the discovery of the cause therefor.

CRITICAL

A continuance is not automatic or a matter of right; absent the opposing party's agreement or acquiescence, it cannot be granted ex parte and the Court will wait three days after filing, or six days if served by mail, before ruling.

The motion to continue will not be granted as a matter of course or as a matter of right. Unless the opposing party or attorney agrees or acquiesces in the motion, the motion will not be granted ex parte and the Court will not rule on the motion until three (3) days after filing, or six (6) days if served by mail.

CRITICAL

Continuance motions, including agreed motions, must be filed at least five days excluding Saturdays, Sundays, and holidays before a court trial or hearing, unless good cause is shown.

Motions for continuance, including agreed motions, must be filed at least five (5) days, excluding Saturday, Sunday and holidays, before a court trial or hearing, unless good cause is shown.

CRITICAL

A matter may not be continued or removed from the hearing or trial calendar without a Court order granting the request.

Under no circumstances and in no case will any matter be continued or removed from the Court's hearing or trial calendar without order of the Court granting such continuance or removal from the calendar.

CRITICAL

A continuance motion must state the specific reason, whether opposing counsel was advised and agrees, and the date and time of the hearing or trial; general assertions may be summarily denied.

Motions for continuance shall include the following information: (1) The specific reason the continuance is necessary (general assertions, e.g., "unavailability of counsel", "unavailability of witness", "other commitments", etc., shall be subject to summary denial). (2) Whether opposing counsel has been advised that a continuance will be requested. (3) Whether opposing counsel agrees to the continuance. (4) The date and time of the hearing or trial for which a continuance is sought.

CRITICAL

Continuance motions, including agreed motions, must be filed at least ten days before a jury trial, unless good cause is shown.

Motions for continuance, including agreed motions, must be filed at least ten (10) days before a jury trial, unless good cause is shown.

CRITICAL

A continuance motion must be signed by the requesting party, or by the attorney, whose signature certifies the party's notice, agreement, and understanding.

All motions for continuance must be signed by the party who is requesting it or whose attorney is requesting it. If the party does not sign the motion, signature by the attorney is certification that the party has been notified of the request, agrees to the continuance, and understands the reason for which the continuance is sought.

WARNING

A continuance request must state the approximate time needed for the hearing or trial after rescheduling.

(5) The approximate amount of time needed for such hearing or trial upon rescheduling.

WARNING

If the Court grants a continuance, it may condition the continuance on payment of costs or expenses necessarily incurred by the parties or the Court.

The motion to continue, if granted, may be granted subject to the payment of costs or expenses connected with the continuance or for the delay of the trial or hearing which are necessarily incurred by the parties or by the Court.

WARNING

Withdrawal or a change of attorneys, by itself, is not a sufficient basis to continue a trial or hearing.

Withdrawal or change of attorneys, in and of itself, shall not be sufficient basis for continuing a trial or hearing.