Randolph County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

An extension of time to file a brief may be granted only by court order.

Extensions of time for filing briefs shall be granted only by order of the Court.

CRITICAL

Requests to extend time for filing briefs or similar action must be filed timely and accompanied by a tendered order and the copies prescribed by Rule 3.

All requests for extensions of time for filing briefs or similar action shall be timely filed and shall be accompanied by a tendered order with sufficient copies as prescribed in Rule 3.

CRITICAL

A continuance motion must be filed as soon as the cause is discovered and no later than five business days before trial, unless an affidavit shows the reasons arose within that five-day period.

(D) TIME FOR FILING. Motions for Continuance shall be filed as soon after the cause for continuance is discovered by the party seeking same, and no later than five (5) business days before the date assigned for trial, unless the reasons therefore are shown by affidavit to have occurred within said five (5) day period.

CRITICAL

A subsequent extension motion must state specific reasons in writing and identify its sequence in the heading; the court may allow opposing counsel to respond.

Any subsequent motions for enlargement of time to respond to a claim, pursuant to T.R. 6(B)(1), shall be supported with a written statement of specific reasons why a second or subsequent extension is required. Further, the motion shall clearly indicate in the heading that is a second, third etc., motion for enlargement of time. The Court, upon its own discretion, may allow opposing counsel an opportunity to respond to subsequent motions for enlargement of time.

CRITICAL

An initial written motion to enlarge the time to respond to a claim is automatically granted for an additional 30 days from the original due date.

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

CRITICAL

Unless made in open court or otherwise directed by the court, a continuance motion must be written and verified, state the existing hearing date and time and specific reasons, and avoid only general assertions.

(B) MOTION. A Motion for Continuance, unless made in open Court, shall be in writing and verified unless the Court directs otherwise. The motion shall set forth the date and time of the existing hearing and the specific reasons for the requested continuance. A motion which contains only general assertions, e.g., “Unavailability” or “other commitments”, with no additional specificity may be subject to summary denial.

CRITICAL

A contested faxed continuance motion filed less than five days before a hearing must state an emergency basis or may be summarily denied.

Faxed motions for Continuance filed less than five days prior to a hearing and which are contested by the opposing party must state an emergency basis for continuance or are subject to summary denial.

WARNING

The court may require the party requesting a continuance to sign the written motion in addition to counsel.

(C) SIGNING REQUIREMENT BY PARTY TO SUIT. The Court may require any written Motion for Continuance to be signed by the party requesting the continuance in addition to counsel.

WARNING

The court may, in its discretion, assess costs and expenses necessarily incurred by the court or parties because of continuances or delays.

(G) PAYMENT OF COSTS. The Court, in its discretion, may assess any costs and expenses necessarily incurred by the Court or parties as a result of continuances or delays.

WARNING

The Court may, in its discretion, continue the Final Hearing or withhold the Final Decree if a party fails to attend the class or provide the worksheet.

The Court may, in its discretion, continue the Final Hearing or withhold entering the Final Decree for failure to attend the required class or to provide the worksheet.

WARNING

Where feasible, agreed continuance motions should be filed at least seven days before the hearing so the court can schedule other matters.

Agreed Motions should be filed at least seven (7) days before the date of the hearing where feasible in order to permit the Court to schedule other matters.

WARNING

Specified Tuesday Superior Court and Friday Circuit Court hearings may be time-limited; if a party expects a hearing to take substantial time, a continuance should be requested to set it on another weekday.

Hearings scheduled in provisional matters, IV-D Child Support Matters, Contempt Citation and Visitation matters set on Tuesdays in Superior Court and Fridays in Circuit Court may be subject to time limitations. If a party believes the hearing will take a substantial amount of time, a continuance should be requested, with the matter set on a different day of the week.

WARNING

Continuances are discouraged and are not available to a party as a matter of right, even when another party receives one.

(A) GENERAL. Motions for continuance are discouraged. Parties are not entitled to continuances as a matter of right, and the granting of a continuance for one party does not entitle opposing parties to a continuance as a matter of right.