Starke County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

If a PTC is continued, it must be reset at least 30 days before trial unless the Judge or Magistrate approves otherwise.

In the event the PTC is continued, it shall be reset to a date at least 30 days prior to the trial date, unless otherwise approved by the Judge or Magistrate.

CRITICAL

The Court may grant a continuance only for good cause and only as long as necessary, considering the parties’ positions and the public interest in prompt disposition.

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.

CRITICAL

Unless made during a hearing or trial, a continuance motion must be written, state its grounds particularly, be verified, and state 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 continuance-related requirement is due seven days before the assigned trial or hearing, unless affidavit-supported good cause arose during that seven-day period.

seven (7) days before the date assigned for trial or hearing, unless good cause therefore is shown by affidavit to have occurred within the seven (7) day period.

CRITICAL

An initial written T.R. 6(B)(1) motion to enlarge the 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

Discovery time may be extended for good cause before the completion deadline; motions and stipulations must state reasons, and stipulations require Court approval.

1.2 Extensions of Time. 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

If all attorneys of record are not present when a matter is continued, the requesting attorney must request rescheduling within ten days after the continuance is granted.

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, request the matter be rescheduled.

CRITICAL

Unless the Court directs otherwise, continued matters must be rescheduled when all attorneys are available.

1.4 Rescheduling. Unless the Court directs otherwise, all matters continued shall be rescheduled on the Court’s calendar when all attorneys will be available.

CRITICAL

Subsequent motions for enlargement must be designated as such and are granted only for good cause.

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

WARNING

Unless the Court orders otherwise, delay caused by granting the Defendant’s continuance motion is charged to the Defendant.

Unless otherwise ordered, all delay that is the result of the granting of the Defendant’s motion for continuance shall be chargeable to the Defendant.

WARNING

When more than two attorneys represent the parties, the Court may require the party requesting a continuance to provide five dates available to all attorneys.

If more than two (2) attorneys represent the parties in a case, then the Court may require the party who requested the continuance to notify the Court of five (5) dates that are available for all of the attorneys involved in the matter.

WARNING

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

These time limits may be extended or shortened by court order for good cause shown.

WARNING

If a party’s failure to comply with the discovery rule or a related order is brought to the Court’s attention, the Court may order a continuance or other just relief.

If at any time during the course of proceedings it is brought to the attention of the Court that a party failed to comply with this Rule or an order issued pursuant thereto, the Court may order such party to permit the discovery of material and information not previously disclosed, and the Court may order a continuance, or enter such other order as it deems just under the circumstances.

WARNING

The Court-ordered custody or visitation evaluation or report not being sent to counsel and unrepresented parties at least 10 days before the hearing may be grounds for a continuance.

It may be grounds for a continuance that the Court ordered custody/visitation evaluation or report has not been sent to counsel and to any party not represented by counsel at least ten (10) days prior to the hearing date.

WARNING

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

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

WARNING

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

1.3 Court’s Discretion. The Court in its discretion may grant or deny a continuance.