Porter County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

A continuance requires a verified written motion stating the cause and good cause; it may not be granted within ten days of a hearing or bench trial unless the opposing party agrees and a Judge approves.

With appropriate verified written motion and for good cause only, any party may file a motion to continue the initial hearing, bench trial, motions hearing or proceedings supplemental to judgment, stating cause for such continuance. Continuances are highly disfavored and interfere with the general principle of quick and speedy justice in the Small Claims Rules. A continuance under this subsection may not be granted within ten (10) days of a hearing or bench trial unless agreed upon by the opposing party and approved by a Judge.

CRITICAL

The Court may extend the discovery period for good cause if the request is made before the period expires; motions and stipulations must explain the reasons, and stipulations require Court approval.

For good cause shown and prior to the expiration of the time within which discovery is required to be completed, time may be extended for completion of discovery. Motions and stipulations for additional time for completion of discovery must set forth reasons justifying the additional time. Stipulations extending the discovery period must be approved by the Court.

CRITICAL

A continuance of a listed hearing or conference requires strict compliance with Trial Rule 53.5 and Local Rule 3500; if granted, it is charged to the requesting party and may be considered when the court rules on attorney fees or other costs.

No continuances of the Provisional Hearing, Initial Pre-Trial Conference, Final Pre-Trial Conference, or Final Hearing may be obtained without strict compliance with the provisions outlined in Trial Rule 53.5 and Local Rule 3500 . If a continuance is requested and granted, said continuance shall be charged against the party requesting same. The existence of charged continuances, whether or not in good faith, may be considered by the court in its ruling regarding the payment of attorney fees or other costs of the action.

CRITICAL

A defendant in an action involving possession of real estate may receive a continuance only for good cause and with Court approval.

No continuance shall be granted to a Defendant where the action involves the issue of possession of real estate, except for good cause shown and upon approval by the Court.

CRITICAL

Unless made during a hearing or trial, a continuance motion must be written, verified, state its grounds with particularity, and identify opposing counsel’s position and whether the movant previously requested continuances.

Unless made during a hearing or trial, a Motion for Continuance shall be made in writing, stating with particularity the grounds therefore and be verified, and shall state whether opposing counsel objects to the motion, and whether prior continuances have been requested by the moving party.

CRITICAL

A trial continuance may not extend beyond nine months after filing unless extreme hardship or emergency is shown to the Court, which must be notified immediately upon learning of the hardship.

No case shall be continued for trial beyond nine (9) months from the date the action is filed. Only extreme hardship or emergency shall serve as an exception. Any continuance shall be granted only by the Court upon due showing of extreme hardship or emergency by either party. Said hardship condition shall be reported to the Court immediately upon learning of the hardship. In the event such extreme hardship or emergency is shown, the Court will grant an additional continuance for a period not longer than necessary.

CRITICAL

An initial written motion under T.R. 6(B)(1) to enlarge time to respond to a claim is automatically allowed for 30 additional days from the original due date, with a written court order.

An initial written motion for enlargement of time pursuant to T.R. 6(B)(1) to respond to a claim shall be automatically allowed for an additional thirty (30) days from the original due date with a written order of the Court.

CRITICAL

Continued matters must be rescheduled when all attorneys are available; if all attorneys of record are not present when the continuance is granted, the requesting attorney must reschedule within 10 days after checking their availability, unless the Court directs otherwise.

Unless the Court directs otherwise, all matters continued shall be rescheduled on the Court's calendar when all attorneys will be available. If all attorneys of record are not present in the Court when a matter is continued, the attorney(s) who requested such continuance shall, within ten (10) days following the granting of the continuance, reschedule the matter continued after ascertaining the availability of all attorneys of record for the rescheduled date and time.

CRITICAL

The parties must appear for a Final Pre-Trial Conference within 90 days after the Initial Pre-Trial Conference, but the court may schedule it later if additional time is required for specified proceedings or efforts.

Within ninety (90) days from the conclusion of the Initial Pre-Trial Conference, the parties shall be required to appear in person, if they are proceeding pro se, or by their respective attorneys, for a Final Pre-Trial Conference. Said conference is hereby scheduled before this court on the day of , 201 , at m. Provided, however, the court shall be permitted schedule the Final Pre-Trial Conference later than ninety (90) days from the date of the Initial Pre-Trial Conference if it determines that additional time is required by the parties to complete the discovery identified at the Initial Pre-Trial Conference or if additional time is required to complete the Guardian-ad-Litem=s investigation and report, the custodial evaluations, the real and personal property evaluations and/or mediation, or if the parties intend to attempt counseling and/or reconciliation.

CRITICAL

A late GAL report does not automatically continue a hearing; a party seeking a continuance must notify the Court and GAL and allow the GAL two business days to complete and submit the report, and the Court decides whether the request is reasonable.

If such report is not submitted timely, the parties do hereby agree that there shall not be an automatic continuance of a hearing granted to either party relevant to such late report, and any party requesting such continuance shall provide notice thereof to the Court and the GAL and allow the GAL two business days to complete and submit such report. Ultimately, the Court shall have discretion to rule on the reasonableness of any continuance request.

CRITICAL

A continuance motion or stipulation must be filed promptly after the cause is discovered and at least 14 days before trial or hearing, unless an affidavit shows good cause arose within that period.

Motions or Stipulations for Continuance must be filed as soon after the cause for continuance or delay is discovered by the movant, and no later than fourteen (14) days before the date assigned for trial or hearing, unless good cause therefore is shown by affidavit to have occurred within the fourteen (14) day period.

CRITICAL

A continuance requires good cause and may last only as long as necessary; written continuance and enlargement motions must address opposition and prior requests, and an order must identify whose motion was granted.

Upon motion of any party, the Court may grant a continuance only upon showing of good cause and only for so long as necessary, taking into account not only the request or consent of the prosecution or defendant, but also the public interest in the prompt disposition of the case. All orders granting continuances shall indicate on which party's motion the continuance is granted. All motions for continuance or enlargement of time (whether 1st, 2nd, 3rd, etc) shall be made in writing, shall state whether or not opposing counsel objects to the motion, and shall state whether prior continuances or enlargements have been requested by either party and whether such prior request was granted.

CRITICAL

Subsequent motions for enlargement of time must be designated as subsequent and are granted only for good cause shown.

All subsequent motions shall be so designated and will be granted only for good cause shown.

WARNING

The Court may grant the Defendant a continuance if the plaintiff does not timely return the claim form.

Failure to timely return this claim form to the Clerk=s Office may result in the granting of a continuance to the Defendant.

WARNING

(2) The Court may require the stipulation to continue the hearing of any pending matter to state with particularity the grounds for the continuance and be signed by all attorneys of record.

(2) The Court may require the stipulation to continue the hearing of any pending matter to state with particularity the grounds for the continuance and be signed by all attorneys of record.

WARNING

The Court may require the party requesting a continuance to sign the written motion in addition to the attorney.

The Court may require any written Motion for Continuance to be signed by the party requesting the continuance in addition to the signature of the attorney so moving.

WARNING

Untimely notice of a continuance may result in sanctions, and any sanctions motion is heard as part of the trial on the merits.

Where notice of continuance has not been timely given, the Court may assess sanctions which may include, but are not limited to, reasonable attorney's fees, lost wages and other costs for each party and necessary witness appearances due to lack of notice. Motions for sanctions shall be heard as a part of the trial on the merits.

WARNING

The court may extend or shorten the Financial Declaration Form exchange deadlines by order for good cause shown.

In all family law matters, including dissolutions, separations, post-decree and support proceedings, each party shall prepare and exchange, respectively, within 45 days of the initial filing of the action or within 30 days of the filing of any post-decree matters, a Financial Declaration Form (see Appendix B and C). These time limits may be extended or shortened by court order for good cause shown.

WARNING

On written request and a showing of good cause, the Court may shorten or extend the time for a discovery response.

The Court may, upon written request and for good cause shown, shorten or extend such time as it deems appropriate.

WARNING

Continuance motions are discouraged, and neither side has an automatic right to a continuance.

Motions for Continuance are discouraged. Neither side is entitled to an automatic continuance as a matter of right.

WARNING

The Court may grant or deny a continuance in its discretion.

The Court in its discretion may grant or deny a continuance.

INFO

On a motion to continue the initial hearing, the Court may grant or deny the motion or instead strike the hearing and set a later bench trial.

Should any party file a motion to continue the initial hearing, the Court may grant or deny the motion, or strike the initial hearing and set the matter for bench trial at a later date.