Breathitt Circuit Court Adjournment & Extension Requirements

CRITICAL

An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion. Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for a continuance in writing stating the reasons for the continuance and shall send a copy directed to the attention of the Judge, as well as, filing it with the Clerk.

An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion. Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for a continuance in writing stating the reasons for the continuance and shall send a copy directed to the attention of the Judge, as well as, filing it with the Clerk.

CRITICAL

After a trial date is set, a continuance may be granted only if the reasons were both unavoidable and unforeseeable on the setting date.

D. Once a trial date has been set, neither party shall be granted a continuance unless the Court is satisfied that the reasons were both unavoidable and unforeseeable on the setting date.

WARNING

A respondent may be entitled to a continuance if served less than seven days before the noticed hearing date.

The Respondent shall appear on the date noticed for hearing, but may be entitled to a continuance if served less than seven (7) days from the date noticed.