Marshall County Circuit Court, Kentucky Adjournment & Extension Requirements

CRITICALCivil cases

A party unable to attend must immediately notify the moving party and try to agree on a new date with the Family Court Judge's assistant; if no date is agreed or found, the party must immediately file a written continuance motion stating reasons, serve the opposing party, and send a copy to the Family Court, with dependency, neglect, or abuse matters also subject to FCRPP 23; the Court retains discretion over continuances and may allocate costs for good cause.

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. 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.

CRITICAL

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

Criminal matters shall have priority on the Court's docket for trial dates. These dates may be changed with leave of Court.

CRITICAL

After the status hearing, a case may be continued 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

An attorney unable to attend a motion hearing must immediately try to agree on a new time with the moving attorney; if that fails, the party seeking a continuance must immediately file a written motion stating the reasons.

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 a continuance must be made and heard before the designated report date, except for good cause shown.

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

CRITICAL

An unresolved case may be continued at the status hearing 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.

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

The Court may waive or modify the motion and response filing and service deadlines upon a showing of good cause or in the interests of justice.

These time limits may be waived or modified by the Court upor a showing of good cause or in the interests of justice.