Kenton Circuit Court Adjournment & Extension Requirements

CRITICAL

Good cause must be shown to continue a case for a guilty plea at a future date.

2. Cases that are to be continued for a Guilty Plea at a future date. (Good cause must be shown for delay of the guilty plea).

CRITICAL

A party seeking an opposed extension must file a motion stating why the extension is necessary; the provided text cuts off after requiring the motion to be accompanied by a tendered item.

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 trial date may be continued only by court order for good cause shown on the record.

The trial date shall not be continued except as ordered for good cause shown on the record.

CRITICAL

Continuance requests must be written, state the grounds, and be filed with opposing counsel and the court by 10:00 a.m. the day before trial; they are granted only for good cause, not merely by agreement of counsel.

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

CRITICAL

Bench trials will not be continued unless good cause exists.

Cases will not be continued for Bench Trials except for good cause.

CRITICAL

After a case is set for trial in reliance on counsel's 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

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

Whenever any case has been continued twice after assignment of hearing dates, said case shali 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

Only the setting attorney may cancel a hearing date; attorneys facing a conflict should first try to reschedule with one another, and if rescheduling is not feasible, the motion proceeds as set for the Judge to determine whether a hearing is necessary.

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

CRITICALCivil cases

A continuance of a final hearing date may be granted only upon a showing of good cause.

(2) A continuance of any final hearing date shall not be granted except upon good cause shown.

CRITICAL

Motions to enlarge time or continue a matter must state the reasons and will be granted only for good cause; agreed orders on these matters will not be accepted.

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

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

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.

WARNING

The responding party must appear on the noticed hearing date but may be entitled to a continuance if served fewer than seven days before that date.

The responding party 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.

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

Upon application, the Court may expand discovery time in custody issues and complex economic issues.

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

WARNING

At arraignment or later, the Trial Court or Commonwealth Attorney may move for a continuance of up to 30 days so Pretrial Services can tentatively consider the accused for diversion.

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 Attorey 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

A case set for trial in reliance on the Certification of Readiness may be continued 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.