Owen County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

The Court will not grant a discovery continuance filed more than six months after the initial hearing unless the moving party shows the need could not have been anticipated or the discovery could not have been completed with due diligence.

However, no continuances for the purpose of discovery filed more than 6 months after the initial hearing will be granted by the Court, absent demonstration by the moving party that need for the additional discovery could not have been anticipated, or that the discovery could not have been completed by the exercise of due diligence.

CRITICAL

A. Requirement Of Court Order. No written motion to, or order of, the Court shall be required to obtain discovery pursuant to these rules, except: 1. For additional discovery or disclosure not specifically required by these rules; 2. For an extension of time within which to comply with these rules, specifying the reasons for the extension; 3. For a protective order; or 4. To complete compliance with these rules.

A. Requirement Of Court Order. No written motion to, or order of, the Court shall be required to obtain discovery pursuant to these rules, except: 1. For additional discovery or disclosure not specifically required by these rules; 2. For an extension of time within which to comply with these rules, specifying the reasons for the extension; 3. For a protective order; or 4. To complete compliance with these rules.

CRITICAL

Continuances must be requested by motion, and the Court will grant them only for “good case.”

All motions for continuance shall be requested, and will be granted by the Court only for good case.

CRITICAL

A motion to continue based on a conflicting setting must identify the other court, the case name and cause number, the nature of the conflicting hearing or trial, and the date it was scheduled.

All motions for continuance based on conflicting case settings shall be filed within 14 days after notice of the conflict and shall specify: 1. The court in which the conflicting case is pending; 2. The name and cause number of the case; 3. The nature of the conflicting hearing or trial; and 4. The date upon which the other court scheduled the conflicting setting.

CRITICAL

A witness-unavailability continuance motion filed more than six months after the initial hearing, or one that is objected to, must comply with IC 35-36-7-1 or IC 35-36-7-2.

Any such motion filed more than 6 months after the initial hearing, or any such motion to which an objection is filed, must comply with IC 35-36-7-1 or IC 35-36-7-2.

CRITICAL

A case scheduled for trial remains on the trial docket unless the Court orders a continuance.

However, all cases scheduled for trial remain on the trial docket, unless continued on order of the Court.

CRITICAL

A continuance requires good cause and the judge's specific approval; ordinarily, each party may receive no more than one continuance per case.

Continuances (postponements) will only be granted if good cause is shown. Except in unusual circumstances, no party shall be allowed more than one (1) continuance in any case, and each continuance must be specifically approved by the judge.

CRITICAL

A continuance request must be in writing, sent to the Court, and mailed to the other party.

A continuance must be requested in writing by sending the request to the Court and mailing a copy of the request for continuance to the other party.

CRITICAL

A motion to continue based on a witness’s unavailability must be filed at least seven days before the scheduled trial date.

Any motion for continuance based on the unavailability of a witness shall be filed at least 7 days before the scheduled trial date.

WARNING

If the clerk or sheriff cannot find or notify the defendant within the service period, the claimant may dismiss the suit or request a continuance.

If the clerk or the sheriff is unable to find or notify the Defendant of the lawsuit within this time, you may either dismiss the suit or request a continuance

WARNING

If the debtor cannot be found for service of the order to appear, the winning party may request a continuance to allow more time to locate and serve the debtor with hearing notice.

If the debtor cannot be found to be served with the order to appear, the winning party can request that the hearing be continued for a period of time to allow more time to find the debtor and to serve him or her with notice of hearing.

WARNING

If the Plaintiff does not receive the counterclaim at least seven days before trial, the Plaintiff may request a continuance to prepare a defense.

If the Plaintiff does not receive the copy of the counterclaim within that time, the Plaintiff may request a continuance (postponement) of the trial date to allow time to prepare to defend against your counterclaim.

WARNING

When requesting a continuance, you may be required to obtain the Defendant’s current address and file an Alias Notice of Claim with any exhibits.

If such a continuance is requested, you may also be required to obtain a more current address for the Defendant and to file an Alias Notice of Claim, with attached exhibits, if any.

WARNING

The Court may grant a continuance for further discovery upon a showing of good cause.

Continuances for the purpose of conducting further discovery may be granted for good cause shown.