Orange County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

Except for motions made during trial or a hearing, a continuance motion must be written and state its grounds, whether opposing counsel or parties were contacted, their position, or why that information is unavailable.

Unless made during trial or hearing, a motion for continuance shall be in writing and state with particularity the following: (1) the grounds for such request; (2) that all opposing counsel or parties have been contacted concerning the motion; (3) whether opposing counsel or parties consent or object to the continuance, or if counsel or the party have not been contacted, the reason(s) such information is not available at the time of the filing.

CRITICAL

A continuance motion or stipulation must be filed as soon as the cause is discovered and at least seven days before the scheduled date, unless an affidavit shows the cause arose within that seven-day period.

Motions or Stipulations for Continuance shall be filed as soon after the cause for continuance or delay is discovered by the party seeking the same, and no later than seven (7) days before the scheduled date, unless the reason therefore is shown by affidavit to have occurred within such seven (7) day period.

WARNING

The continuance rule also applies to small-claims matters, except that the affidavit requirements in paragraph B do not apply.

The provisions of the rule shall also apply to small claim matters, excepting the requirements for filing of affidavits in paragraph B above.