Henry County Court of Common Pleas, General Division Adjournment & Extension Requirements

CRITICAL

Applications to continue scheduled events must be written and directed to the assigned Judge or Magistrate.

All applications for the continuance of any scheduled event must be in writing and ===== PAGE 20 ===== directed to the Judge or Magistrate assigned to the case.

CRITICAL

A continued event must be contemporaneously assigned a fixed date.

No event will be continued without contemporaneously reassigning a fixed date.

CRITICAL

Continuance applications must be submitted at least 14 days before the scheduled event, unless there is an emergency or the Court deems the cause sufficient.

All applications for continuances shall be submitted to the Court at least fourteen (14) days prior to the scheduled date for the event sought to be continued, absent emergency or cause deemed sufficient by the Court.

CRITICAL

Continuance applications must state the reason, current assignment, client-notification information, opposing-party notification and consent information, and a proposed new date within 60 days approved by the Court and opposing counsel if the application is granted.

All applications for continuances shall contain the following information: (a) The reason for the request; (b) The time and date of the current assignment; (c) A statement indicating that counsel has informed his client of the request or in the alternative why the client has not been informed of the request. (d) A statement indicating opposing counsel has been notified or in the event of an unrepresented party, the party has been notified, or the reason opposing counsel has not been notified and whether opposing counsel has consented to the continuance; (e) A new date within sixty (60) days which has been approved by the Court and opposing counsel in the event the Court grants the application for continuance.

CRITICAL

A continuance request based on a trial-assignment conflict must include a copy of the conflicting assignment.

All requests for continuance based upon a conflict of trial assignment shall have attached thereto a copy of the conflicting assignment.

CRITICAL

A motion to continue a trial or evidentiary hearing must be endorsed by both the party and counsel, unless the trial judge waives the requirement for good cause.

No party shall be granted a continuance of a trial or evidentiary hearing unless the motion is endorsed by the party as well as counsel, provided the trial judge may waive this requirement upon a showing of good cause.

CRITICAL

A scheduled mediation may be continued only for good cause and after the parties determine a mutually acceptable future date.

Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined.

CRITICAL

Pending motions alone do not justify a continuance, and a continuance will not be granted unless mediation can be scheduled before the final pretrial, subject to Court authorization.

Except as authorized by the Court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial.

CRITICAL

A continuance of a scheduled neutral evaluation session requires a motion and may be granted only for good cause.

If a continuance of a scheduled neutral evaluation session is desired, a motion seeking a continuance will be required, served upon the opposing attorney(s) or self-represented party(s). A continuance for a scheduled neutral evaluation session shall be granted only for good cause shown.

WARNING

On a party's motion and for good cause, the court may shorten or extend the time periods in divisions (F)(1) and (F)(2).

Upon motion of a party in an action, and for good cause, the court may reduce or enlarge the periods of time provided in divisions (F)(1) and (F)(2) of this rule.

WARNING

A scheduled mediation may be continued only for good cause after the parties determine a mutually acceptable future date, and it must be rescheduled before the final pretrial unless the court authorizes otherwise; pending motions alone are not good cause.

Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The case may be continued by the Mediation Services Coordinator or the judge or magistrate who referred the case. Except as authorized by the court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial.