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

A continuance motion must be written, promptly copied to the Assignment Commissioner or Domestic Bailiff, preceded by an attempt to obtain the opponent’s consent, and state the reason, consent result, and number of prior continuances; party endorsement may be waived for good cause.

All motions for continuance shall be in writing. Movants shall immediately provide a copy to the Court’s Assignment Commissioner/Domestic Bailiff. The movant shall first attempt to secure the consent of opposing counsel or party if not represented. The motion shall be endorsed by the party- provided this provision may be waived by the court for good cause shown- and set forth the reason for the continuance, whether consent was obtained or denied and shall state the number of prior continuances.

Only the Court may grant a continuance, with Judge or Magistrate approval; if granted, the moving party must obtain a new date and immediately notify the other parties and any guardian ad litem, while the noticed matter remains in effect until an order issues.

If the motion is granted, the party seeking the continuance must obtain a new hearing date and shall immediately notify the opposing party, counsel, and guardian ad litem, if any. Continuances shall only be granted by leave of Court. All continuances must be approved by the Judge or Magistrate. The matter shall proceed as Noticed until such time as the Court enters an Order granting the requested continuance.

A conflicting trial assignment is resolved in favor of the case set first; a continuance motion must include the conflicting assignment and be filed at least 14 days before trial, or the movant may be ordered to pay specified costs and fees.

When a continuance is requested for the reason that counsel is scheduled to appear in another case assigned for trial on the same date in a different court, the case that was first set for trial shall have priority. (See Sup. R. 41). The Court will not consider any motion for continuance unless a copy of the conflicting assignment is attached to the motion and the motion is filed not less than fourteen (14) days prior to trial. If a motion to continue is filed less than fourteen (14) days prior to trial due to a conflicting assignment, the party or counsel seeking continuance may be Ordered to pay all preparation costs, expert witness fees, witness fees and attorney fees to the other party.

A continuance requested more than 10 days after assignment for trial, hearing, or conference will not be granted absent the most unusual circumstances.

Continuances shall not be granted, except for the most unusual circumstances, if requested more than 10 days after the case has been assigned for trial, hearing or conference.