Calloway Circuit Court Adjournment & Extension Requirements

CRITICAL

If additional evidence is placed in the file, the Court must continue the trial unless the defendant agrees to the scheduled trial date.

If additional evidence is to be placed with the file, the Court shall continue the trial date, unless the Defendant agrees to a trial on the date scheduled.

CRITICAL

After the status hearing, the Court will continue a case only for good cause.

After the status hearing, the Court will not accept or consider any plea agreement between the defendant and the Commonwealth, or continue any case, except for good cause.

CRITICAL

At the status hearing, an unresolved case may be continued only for good cause shown.

At the status hearing, if not resolved, the case shall either be assigned for trial, continued for good cause shown, or referred to mediation.

CRITICAL

An attorney unable to attend a scheduled motion hearing must immediately contact the moving attorney to try to agree on a new time; if that fails, the party seeking a continuance must immediately file a written motion stating the reasons and send a copy to the Judge while filing it with the Clerk.

G. CONTINUED MOTIONS. 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 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 with the Clerk.

CRITICAL

A motion for continuance must be made and heard before the designated report date, unless good cause is shown.

Any motion for a continuance must be made and heard prior to the designated report date, except for good cause shown.

CRITICALCivil cases

A party unable to attend a scheduled motion hearing must immediately notify the moving party and try to agree on a new date; if that fails, the requesting party must immediately file a written continuance motion stating the reasons, serve the opposing party, and send a copy to the Family Court, with dependency, neglect, or abuse matters also complying with FCRPP 23.

An attorney or prose party who will be unable to be present at the time scheduled in the motion/hearing shall immediately notify the moving attorney or prose party and attempt to establish a new mutually agreeable date and time for hearing the motion by working with the Family Court Judge's assistant (270-753-6260 or 270-527-2611) for new available dates. If parties cannot agree to continuing the motion/hearing, or are otherwise unable to find a new date, the party seeking continuance shall immediately file a written motion for continuance with the Clerk stating the reasons for the continuance, serve a copy on the opposing party, and send a copy directly to the attention of the Family Court. Any motion for continuance in a dependency, neglect or abuse matter shall comply with the requirements of FCRPP 23.

WARNINGCivil cases

The Court may allocate costs for a continuance upon a showing of good cause and retains final discretion to grant or deny any continuance.

The Court shall have discretion to allocate costs by reason of a continuance upon a showing of good cause. The Court has final discretion in the granting or denying of any continuance.

WARNINGCivil cases

The Court may continue an untimely subsequent motion if an opposing party objects or for other good cause.

However, the Court shall have discretion to continue any untimely filed subsequent motions upon an opposing party's objection or for other good cause.

WARNING

Criminal trial dates may be changed only with leave of Court.

These dates may be changed with leave of Court.