Caldwell Circuit Court Adjournment & Extension Requirements

CRITICAL

A person seeking a continuance must first immediately try to agree on a new hearing date; if that fails, the requester must immediately file a written motion stating the reasons and serve opposing counsel, with the hearing automatically continued under the stated conditions.

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 date and time for the hearing of the motion. Should this prove unsuccessful, an attorney or self-represented party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall serve a copy upon the opposing counsel. If no hearing can be scheduled prior to the date the motion was originally set for hearing, the motion will be automatically continued until an agreed hearing date is scheduled or until the next regularly scheduled motion hour, whichever occurs first.

WARNING

The Court will normally allow a case to be continued if the trial or hearing having immediate priority before it is not settled within three business days before the scheduled trial date. “Business days” means Monday through Friday, excluding holidays.

The Court will normally allow a case to be continued if the trial or hearing having immediate priority before it is not settled within three business days before the scheduled trial date. “Business days” means Monday through Friday, excluding holidays.