Vigo County Courts, Indiana Adjournment & Extension Requirements

CRITICAL

A continuance of a proceedings supplemental hearing may be granted only by agreement of the parties or for good cause approved by the judge.

No motion for continuance of a proceedings supplemental hearing will be granted, except by agreement of the parties, or for good cause approved by the judge.

CRITICAL

A continuance motion must be filed as soon as possible after discovery of the reason and no later than 14 days before trial, unless an affidavit shows that the reason arose within that 14-day period.

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

CRITICAL

For an initial extension of up to thirty days to file a responsive pleading or respond to a written discovery request, the requesting party must contact opposing counsel and solicit agreement.

In every civil action pending in this Court in which a party wishes to obtain an initial enlargement of time not exceeding thirty (30) days within which to file a responsive pleading or a response to a written request for discovery, the party shall contact counsel for the opposing party and solicit opposing counsel’s agreement to the extension.

CRITICAL

A defendant in an action involving possession of real estate or personal property may receive a continuance only for good cause approved by a judge.

No continuances will be granted to a defendant where the action involves the issue of possession of real estate or personal property, except for good cause approved by a judge.

CRITICAL

A party generally may receive no more than one continuance, and every continuance requires specific court approval.

Except in unusual circumstances, no party shall be allowed more than one (1) continuance in any case, and all continuances must have the specific approval of the court.

CRITICAL

A continuance motion must state whether opposing counsel objects and whether the moving party previously requested continuances.

A motion for continuance shall state whether opposing counsel objects to the motion and whether prior continuances have been requested by the moving party.

CRITICAL

An initial written motion under T.R.6(B)(1) to respond to a claim is automatically allowed an additional thirty days from the original due date without 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 without a written order of the Court.

CRITICAL

Extensions of time shall be granted only by order of the assigned or presiding Judge for good cause shown.

Extensions of time shall be granted only by order of the assigned or presiding Judge for good cause shown.

CRITICAL

A request to postpone a civil trial because evidence is absent must be supported by an affidavit establishing the evidence’s materiality, diligence in seeking it, its location, and—if a witness is absent—the witness and availability details and that the absence was not procured by the party; it must also state the facts believed true and why no equally available witness can prove them.

A motion to postpone a civil trial based on the absence of evidence can be made only upon affidavit showing: the materiality of the evidence expected to be obtained; that due diligence has been used to obtain it; where the evidence may be; and, if it is for an absent witness, the affidavit must show the name and residence of the witness, if known, and the probability of procuring the testimony within a reasonable time, and that his/her absence has not been procured by the act or connivance of the party, nor by others at the party’s request, nor with his/her knowledge or consent; and what facts the party believes to be true, and that he/she is unable to prove such facts by any other witness whose testimony can be as readily procured.

CRITICAL

Either party may receive a continuance if good cause is shown.

Either party may be granted a continuance for good cause shown.

CRITICAL

Filing a dispositive motion is not good cause for a trial continuance when the motion cannot be resolved before trial under its applicable timing requirements.

4. Dispositive Motions. The filing of a dispositive motion shall not constitute good cause for a Motion for Continuance of a trial if the time requirements governing such motion will not allow for the resolution of the motion prior to the date of trial.

CRITICAL

The trial must not be postponed if the adverse party stipulates to the content of the evidence that would have come from the absent document or witness.

If the adverse party stipulates to the content of the evidence that would have been elicited at trial from the absent document or witness, the trial shall not be postponed.

WARNING

The court must notify all parties of the continuance and the new trial date and time.

The court shall give notice of the continuance and the new date and time of trial to all parties.

WARNING

Continuances must be as short as possible, and, where feasible, the nonrequesting party must be considered when scheduling the new hearing date.

Continuances shall be for as short a period as possible, and where feasible, the party not requesting the continuance shall be considered in scheduling a new hearing date.

WARNING

On a verified motion, the Court may continue a civil action in its discretion and may award other parties their actual expenses caused by the delay.

Upon verified motion, civil actions may be postponed or continued in the discretion of the Court. The Court may award such costs as reimburse the other parties for their actual expenses incurred from the delay.

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

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

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.

INFO

Once the stated initial-extension procedure is followed, no further court filing or court action is required for the extension.

No further filings with the Court nor action by the Court shall be required for extension.

INFO

After such a stipulation, either party may contest the stipulated evidence as fully as if the absent document or witness were available at trial.

In the event of a stipulation, the parties shall have the right to contest the stipulated evidence to the same extent as if the absent document or witness were available at trial.