Campbell Circuit Court Adjournment & Extension Requirements

CRITICAL

Once a case is set for trial in reliance on the Certification of Readiness, it may be continued only upon exceptional circumstances.

Once a case has been set for trial, upon reliance of this "Certification of Readiness" ", it may be continued by the Court only upon exceptional circumstances.

CRITICAL

Motions to enlarge time or continue a matter must state the reasons, will be granted only for good cause, and cannot be submitted as agreed orders.

B. Motions for enlargement of time or continuances shall state the reasons therefor and will be granted only for good cause. Agreed orders pertaining to such matters will not be accepted.

CRITICAL

Attorneys must first try to reschedule a motion between themselves when a conflict arises; if that is not feasible, the motion proceeds and the Judge determines whether a hearing is necessary at the scheduled time.

In the event of a conflict the attorneys shall first communicate with one another to reschedule the motion if feasible. If that is not feasible due to the circumstances of the case the motion shall proceed with the Judge determining the necessity of the motion hearing at the time set.

CRITICAL

After a case has been continued twice following assignment of hearing dates, the Chairperson must certify it to the Court, which must summon the parties or counsel and may issue an appropriate order, including dismissal or reassignment for arbitration even if a party does not appear or defend.

Whenever any case has been continued twice after assignment of hearing dates, said case shall be certified by the Chairperson to the Court who shall summon the parties or their counsel. The court shall have the power to make any appropriate order, including an order of dismissal for want of prosecution, or an order that the case be again assigned to a Board of Arbitration and be heard and an award made whether or not a party appears and defends.

CRITICAL

Parties may agree by order, case by case, to extend time limits imposed by the CR or these rules, subject to court-established deadlines, but the Court must grant extensions even when the parties agree.

B. Motions for Extension of Time. Parties may by agreed order extend time limits on an individual case by case method required by the CR or by these rules, subject to any deadlines established by the Court. However, the Court must grant all extensions of time, even though the parties have agreed.

CRITICAL

Once a case is set for trial in reliance on the Certification of Readiness, the Court may continue it only in exceptional circumstances.

Once a case has been set for trial, upon reliance of this "Certification of Readiness", it may be continued by the Court only upon exceptional circumstances.

CRITICAL

Only the setting attorney may cancel a hearing date with the court.

The setting attorney shall be the only person authorized to cancel the set date of hearing with the court.

CRITICAL

A case set for a bench trial may be continued only for good cause.

E. If there are not Jury Trials, the Court will try all cases where the Defendant has waived a jury. Cases will not be continued for Bench Trials except for good cause.

CRITICAL

Continuance requests must be written, state their grounds, be filed with opposing counsel and the court, and be filed by 10:00 a.m. on the day before trial.

B. All requests for continuances shall be in writing, setting forth the grounds and shall be filed with opposing counsel and the court no later than 10:00 a.m. on the day preceding the scheduled trial.

CRITICAL

For an opposed extension request, the requesting party must file a motion stating why the extension is necessary; the source sentence is incomplete after “tendered.”

If a request for an extension of time is opposed, the party seeking the extension shall file a motion setting forth the reasons why an extension is necessary together with a tendered

CRITICAL

A continuance may be granted only for good cause; counsel's agreement alone is insufficient.

Continuances are granted only for good cause, and not by agreement of counsel.

WARNING

An arbitration hearing must be scheduled within 45 days after the Board’s appointment, but the Court may extend that period.

A hearing shall be scheduled not more than forty-five (45) days after the appointment of the Board of Arbitration. The forty-five (45) day period may be extended by the Court.

WARNING

If a party’s counsel is unable to proceed, the Chairperson may continue the case.

In the event that counsel for any party of the matter is unable to proceed, the Chairperson may mark the case continued.

WARNING

At arraignment or later, the Trial Court on its own motion or the Commonwealth Attorney may seek a continuance of up to 30 days for tentative Diversion Program consideration.

At the arraignment of the accused (either after indictment or waiver of grand jury) or any time subsequent to the preceding, the Trial Court, on its own motion, and/or the Commonwealth Attorney may move for a continuance for up to thirty (30) days for the tentative consideration of the accused by the Pretrial Services Division for the Diversion Program.

WARNING

The Court may expand discovery time in custody or complex economic issues upon application.

Upon application to the Court, discovery time may be expanded in custody issues and complex economic issues.