Knox County Court of Common Pleas, General and Domestic Relations Division Adjournment & Extension Requirements

CRITICAL

A continuance motion must state specific reasons, identify prior continuances, include opposing counsel’s position and the existing hearing date, attach notice of a conflicting court hearing, and be signed and authorized by the client if there has been more than one prior continuance request.

15.2 Contents of Motion. Each motion shall set forth the following: - A. The specific reasons for a continuance (vague terms such as “counsel is unavailable for the hearing” are not acceptable); - B. If a conflict with another Court hearing, a copy of the other Court’s notice must be attached; - C. The number of prior continuances (Note: if there has been more than one prior request(s) for continuances, the motion must also be signed and authorized by the client); - D. An averment that counsel has contacted opposing counsel and has obtained either approval or disapproval of the continuance; - E. The date of existing hearing.

CRITICAL

An attorney accepting a case with an immediate or second-stage Civil Protection Order hearing already set must ensure availability on the hearing date.

An attorney who accepts a case wherein an immediate hearing or second stage Civil Protection Order hearing has been set shall ensure he or she will be available on the date of hearing.

CRITICAL

A party who believes a transcript is required to support objections must request an extension of time to prepare it by written motion.

If a party believes a transcript is required to support their objections, the party shall request, by written motion, an extension of time in which to have the transcript prepared.

CRITICAL

The Petitioner may request an extension of the sixty-day decision period, which must be granted for the extension to apply.

- J. Once all information requested has been received, the Judge shall decide whether to Grant (Form H) or Deny (Form I) the Petition within sixty days, unless Petitioner requests and is granted an extension of time.

CRITICAL

For a continuance requested because counsel is already engaged elsewhere, proof of the prior assignment must be attached to the motion, which must be filed forthwith after notification of this Court’s assignment.

Where a continuance of a cause is requested on the grounds that counsel of record in the case is already engaged on the date set for hearing in another Court of record or a governmental bureau, proof of such prior assignment shall be attached to the motion for continuance which shall be filed forthwith following notification of the assignment of the case in this Court.

CRITICAL

For an extension beyond 28 days or when the parties cannot agree, the requesting party must file a motion, supporting memorandum, and proposed entry by the expiration of the current time.

4.02 If an additional extension of time beyond that provided by Local Rule 4.01 is needed or if the parties cannot agree, the party desiring the extension shall file a motion and memorandum in support with a proposed entry. The motion shall be filed on or before the expiration of time.

CRITICAL

The defendant must complete diversion requirements within 12 months of entry, but may apply for one additional 12-month term; the Prosecuting Attorney must approve an extension, which will not be granted unless the defendant has consistently followed the diversion rules.

The defendant must comply with all requirements of diversion within 12 months of entering the program. The defendant may apply to extend the time for diversion by one additional 12 month term, subject to the approval of the Prosecuting Attorney. The primary purpose for an extension would be to allow for the payment of restitution and court costs. An extension will not be granted unless the defendant has consistently abided by the Rules of Diversion.

CRITICAL

A request to reschedule a parenting coordination session must be made to the parenting coordinator at least two weeks before the scheduled session.

A request to reschedule the parenting coordination session must be made to the parenting coordinator at least TWO WEEKS before the scheduled parenting coordination session.

CRITICAL

Failure to file the proposed discovery plan waives discovery unless the parties or their attorneys request additional time from the Court and propose a filing date.

Should the parties fail to file the proposed discovery plan, then the parties shall be deemed to have waived discovery, unless the parties or the parties' attorneys file a request with the Court for additional time to file the discovery plan, with a proposed date of the filing of the plan.

CRITICALCriminal cases

The defendant must complete diversion requirements within 12 months; an application may seek one additional 12-month extension, subject to Prosecuting Attorney approval, and an extension will not be granted unless the defendant has consistently followed the diversion rules.

- F. The defendant must comply with all requirements of diversion within 12 months of entering the program. The defendant may apply to extend the time for diversion by one additional 12 month term, subject to the approval of the Prosecuting Attorney. The primary purpose for an extension would be to allow for the payment of restitution and court costs. An extension will not be granted unless the defendant has consistently abided by the Rules of Diversion.

CRITICAL

A continuance based on an absent witness may be granted only when due diligence is shown and an affidavit states the expected testimony; the application will not be sustained if the testimony is immaterial or both parties consent to reading the affidavit into evidence.

15.4 Unavailability of Witness. A continuance of a cause may be granted on the ground of inability to produce the testimony of an absent witness when it is made clear that due diligence was used to procure such testimony. In order to obtain a continuance on this ground, the party making the application must support the same by affidavit stating therein what is expected to be proven by the appearance of such witness. If the Court finds the testimony so set forth to be immaterial or if both parties consent to the reading of an affidavit into evidence, the application will not be sustained and the cause will proceed to hearing.

CRITICAL

A request to extend a filing deadline must be made by motion and state whether it is within or outside the original filing period, the reasons for the extension, the opposing party’s position, and whether prior extensions have been granted.

4.2 Extensions. Any requests for extensions of time for filing must be submitted by motion to the Court. The party must include the following information in the motion: - A. If the motion is being filed within or outside the allocated time for the original filing. - B. The reasons needed for the extension. - C. If the opposing party objects to or approves of the extension. - D. If there have been any prior extensions.

CRITICAL

A party who misses the discovery-planning conference is deemed to have waived discovery unless they file a request for additional time with a proposed conference date, time, and location.

Should any party or their attorney, if represented, fail to attend the Conference of the Parties, then that party shall be deemed to have waived discovery, unless the party or party's attorney files a request with the Court for additional time to hold the Conference of the Parties with a proposed date, time, and location for the Conference of the Parties.

WARNING

Restitution is due within one year of acceptance unless both the Diversion Director and Prosecuting Attorney approve an extension.

Restitution payments must be made within one year of acceptance into the Diversion Program, unless an extension is approved by the Diversion Director and the Prosecuting Attorney.

WARNING

A hearing must begin promptly, and negotiation-related delay requires prior Court approval; noncompliance results in a continuance and sanctions against counsel and/or the parties.

17.4 Time of Hearing. The hearing shall begin promptly on the date and time set, and no delay shall be permitted for additional negotiations between the parties, unless prior approval is received from the Court. Failure to comply with this rule will result in a continuance of the hearing with sanctions against the counsel and/or the parties.

WARNING

The hearing may be delayed when negotiations are expected to be meaningful and may result in stipulations or settlement of contested issues.

The commencement of a hearing may be delayed where negotiations between the parties will be meaningful and result in stipulations or settlement of contested issues.

WARNING

Counsel may file an agreed entry extending the time to move or plead, provided the extension does not exceed 28 days.

4.01 Counsel for the parties may file an agreed entry for an extension of time to move or plead provided the extension of time does not exceed 28 days.

WARNING

A pretrial conference may be continued with the concurrence of all counsel and must be reset as soon as possible.

Pretrial conferences may be continued with concurrence of all counsel but must be reset as soon as possible.

WARNING

Where counsel fails to contact opposing counsel, the continuance may be denied irrespective of the basis for the request. Opposing counsel in this instance includes counsel where minimal effort or knowledge would have identified the attorney representing the opposing party.

Where counsel fails to contact opposing counsel, the continuance may be denied irrespective of the basis for the request. Opposing counsel in this instance includes counsel where minimal effort or knowledge would have identified the attorney representing the opposing party.

WARNING

If the system fails to generate a Notice of Electronic Filing and the filing party has no other proof of service, the party to be served may be entitled to an extension for a response or other required act.

If the e-filing system fails to generate the Notice of Electronic Filing, the party to be served may be entitled to an order extending the date for any response or the period within which any right, duty or act must be performed, absent other proof of service by the filing party.

WARNING

A continuance motion submitted within three days of the hearing may be automatically denied unless extraordinary circumstances are shown.

Unless extraordinary circumstances are shown to exist, motions for continuances submitted within three days of the hearing date may automatically be denied.

WARNING

A continuance of an immediate or second-stage Civil Protection Order hearing may not be granted solely for a scheduling conflict that newly retained counsel knew about when accepting the case.

Requests to continue an immediate hearing and/or a second stage Civil Protection Order hearing may not be granted based solely on a scheduling conflict with the newly retained counsel when he or she accepted the case with prior knowledge of the scheduling conflict.

WARNING

Failure to serve a subpoena prepared three days or less before the hearing may prevent a continuance.

Failure of service of a subpoena prepared three days or less before the hearing may preclude a continuance of the matter.

WARNINGCriminal cases

The judge may continue the case while the defendant is interviewed, until eligibility is determined.

Because of the time needed to interview the defendant, the Judge may need to continue the case on his or her docket until notified that the defendant is eligible for the program.