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

CRITICAL

The Court generally considers continuance requests only on a formal written motion detailing the grounds and showing good cause, but may consider an oral motion made in the presence of all parties and/or counsel.

B. The Court will generally only consider a request for a continuance upon formal written motion that details the grounds for the continuance and for good cause shown. However, the Court may consider an oral motion to continue if made in the presence of all parties and/or counsel.

CRITICAL

A continuance motion relying on an attorney’s or party’s prior commitment must include appropriate documentation showing that commitment.

D. If the continuance request relies on a prior commitment of an attorney or a party, the requesting party shall attach to the motion any appropriate documentation, such as a hearing notice from another court or such other documentation showing the prior commitment.

CRITICAL

Parties should try to avoid trial-continuance motions, but must file a motion to continue a trial or other hearing as soon as they realize a continuance is needed.

A. Parties should strive to avoid filing motions to continue trials. A party must file a motion to continue a trial or other hearing as soon as the party realizes the need for a continuance.

CRITICAL

The Court may modify a Case Schedule date on its own initiative or on a party’s motion, for good cause and on just terms.

E. The Court, sua sponte, or upon motion of a party may modify any date in the Case Schedule for good cause and on just terms.

CRITICAL

Where practicable, the moving party must make reasonable efforts to contact opposing counsel and the written continuance motion must describe those efforts or why contact was not possible, and state any response received.

C. Where practicable, the moving party shall make reasonable efforts to contact opposing counsel to determine opposing counsel’s position on the requested continuance. A written Motion to Continue shall state the moving party’s efforts to contact opposing counsel or shall state the reason the moving party could not contact opposing counsel. The motion shall state any response received from opposing counsel.

WARNING

The Court may extend a filing deadline for good cause, but only if an extension is permitted by law.

Upon good cause shown and if permitted by law, the Court may grant an extension of time for the filing of any document covered by this Rule.