Bell Circuit Court Adjournment & Extension Requirements

CRITICAL

A defendant may request a deferment of payment to a future date before the referenced 15-day period expires, by motion noticed for hearing; if granted, payment or the first installment is due by the scheduled show-cause date.

3. At any time prior to the expiration of the fifteen (15) day period described in paragraph 1 above, a defendant may request that the Court defer payment of such monetary obligations to a future date. Any request for a deferment shall be by motion, which shall be noticed for a hearing at the convenience of the Court. If the defendant's request is granted, a show cause date shall be scheduled by the Bell Circuit Court Clerk, by which date either full payment or the first payment under an installment payment plan will be made.

CRITICAL

Except in cases of substantial necessity, court costs, fees, and other reimbursements to the Court cannot be deferred or extended beyond one year after sentencing.

6. Notwithstanding any other provision of this rule, (i) except in cases of substantial necessity the full payment of court costs, fees, or other reimbursements to the Court shall not be deferred or extended beyond one (1) year after the day of sentencing;

CRITICAL

A defendant may request an extension of up to 30 days before payment is due, but an installment-plan payment cannot be extended beyond the next installment date; the request must be by motion noticed for hearing.

4. Prior to the date on which any money obligations, or a part thereof, are to become due, a defendant may request an extension of time of up to thirty (30) days to satisfy such monetary obligations or parts thereof. However, if the Court has established an installment payment plan for a monetary obligation, payment shall not be extended beyond the date of the next installment. Any request for an extension shall be by motion, which shall be noticed for a hearing at the convenience of the Court.

CRITICAL

A party may seek a continuance by filing a motion with the Clerk before ten days prior to trial, stating the reasons and noticing it for a hearing at the Court’s convenience.

Any party may file of record with the Bell Circuit Court Clerk a motion for a continuance at any time before ten (10) days prior to trial. Such a motion shall be noticed for a hearing at the convenience of the Court, and shall state the reason(s) for the requested continuance.

CRITICAL

An opposing party may request an extension for its responsive memorandum by oral or written motion and for good cause; if granted, failure to meet the extended deadline is not grounds for granting the motion.

A party opposing a motion may request of the Court, by oral or written motion, and for good cause shown, an extension of time to file of record a responsive memorandum as described in subparagraph (a) above. If such an extension is granted, failure to file of record a responsive memorandum in accordance with this subparagraph shall not be grounds for granting of the motion.

CRITICAL

However, no motion made after ten (10) days before the trial shall be granted except in cases of substantial necessity.

However, no motion made after ten (10) days before the trial shall be granted except in cases of substantial necessity.

WARNING

A party may move for an extension of time to begin mediation upon showing good cause.

Any party may move the Court for an extension of time to begin mediation for good cause shown.

WARNING

The Court may not modify restitution payment terms imposed under a plea agreement with the Commonwealth.

6. Notwithstanding any other provision of this rule, (i) except in cases of substantial necessity the full payment of court costs, fees, or other reimbursements to the Court shall not be deferred or extended beyond one (1) year after the day of sentencing; and (ii) if the terms of the payment of restitution are imposed pursuant to a plea agreement with the Commonwealth, the terms of that agreement will not be modified by the Court.

WARNING

A party may petition for an extension of time to file motions pendente lite on or before the case management conference.

A party may petition the Court, on or before the case management conference, for an extension of time to file of record any such motions.

WARNING

A party may make an oral continuance motion at a scheduled court appearance before trial or during trial.

Oral motions for a continuance may be made at any scheduled court appearance preceding the trial, or during the trial.