Hamilton County Circuit Court Adjournment & Extension Requirements

CRITICALCivil cases

A hearing may be continued only with the Master’s leave for good cause, which must be brought to the Master’s attention as soon as practicable before the hearing; a witness’s absence is not grounds unless the witness was subpoenaed under Rule 45, and requests must be made by telephone conference call involving all interested parties.

Hearings will only be continued by leave of the Master for good cause, which shall be brought to the attention of the Master as soon as practicable before the hearing date. The absence of a witness shall not be grounds for a continuance unless the witness has been subpoenaed in accordance with Rule 45 of the Tennessee Rules of Civil Procedure. Requests for continuances shall be made by telephone conference call involving all interested parties.

CRITICALCivil cases

An uncontested divorce passed for good cause must be reset to a date certain by order, with at least 10 days' notice to the other party.

Any uncontested divorce passed for good cause must be passed to a day certain by order with at least ten (10) days’ notice to the other party.

CRITICALCivil cases

If the estate remains open more than two years after the personal representative qualifies, additional time to file accountings is granted only upon motion and notice to interested parties.

If an estate is not closed within two (2) years from the date of qualification of the personal representative, additional time to file accountings will be granted only upon motion and notice to interested parties.

CRITICALCivil cases

A case may be continued only by leave of the Court in a written order, or, if referred to the Master, by leave of the Master as provided in LRCP 12.03.

Cases may be continued only by leave of the Court by written order or if the case is one referred to the Master, by leave of the Master as provided in LRCP 12.03.

CRITICALCivil cases

If counsel will arrive late or attend another court, counsel may request a continuance, but must do so before the hearing and notify other counsel.

If there is to be a late arrival or attendance in another Court, counsel shall notify the Judge’s office and other counsel or request a continuance of the motion and notify other counsel thereof before the hearing.

WARNINGCivil cases

Additional time may be requested by conference call with the Court and all counsel or any pro se party, or by agreement of the parties.

Additional time may be requested by conference call with the Court and all counsel (and/or any pro se party) or by agreement of the parties.

WARNINGCivil cases

Lawyers should not use consent to an extension to try to preclude an opponent’s substantive rights.

I will not, by consenting to extensions, seek to preclude an opponent’s substantive rights.

WARNINGCivil cases

Lawyers should not seek extensions or continuances to delay proceedings or harass another party.

2.5 I will not seek extensions or continuances for the purpose of delay or harassment.

WARNINGCivil cases

Lawyers should not attach unfair or extraneous conditions to extensions, but may impose conditions to preserve potentially jeopardized rights and seek reciprocal scheduling concessions.

2.7 I will attach no unfair and extraneous conditions to extensions. I may impose conditions to preserve rights that an extension might otherwise jeopardize and seek reciprocal scheduling concessions.

WARNINGCivil cases

Lawyers should consult opposing counsel or a pro se litigant before scheduling a proceeding when practical and be willing to reschedule an inconvenient deposition or hearing if prior consultation was not possible.

2.1 I will respect the scheduling commitments of opposing counsel or pro se litigant, clients, and the Court. I will consult opposing counsel or pro se litigant, when practical, before scheduling a trial, deposition, or other Court proceeding. Alternatively, if I am unable to communicate with opposing counsel or pro se litigant prior to scheduling a deposition or hearing, I will be willing to reschedule that deposition or hearing if the time selected is inconvenient for opposing counsel or pro se litigant.

WARNINGCivil cases

Failure to complete discovery or prepare for trial does not necessarily constitute grounds for a continuance.

Failure to complete discovery or prepare for trial shall not necessarily constitute grounds for a continuance.

WARNINGCivil cases

Lawyers should consent to the first reasonable request for an extension to respond to a litigation deadline unless time is truly of the essence.

2.2 I will consent to the FIRST request for a reasonable extension of time to respond to a litigation deadline unless time is truly of the essence.

WARNINGCivil cases

The Court may enlarge or shorten briefing deadlines on a party's motion or on its own motion.

Upon motion of a party or upon its own motion, the Court may enlarge or shorten the time for filing briefs.

WARNINGCivil cases

When considering later extension requests, lawyers should consider the opponent’s schedule and balance it against the requested extension’s length, reciprocal extensions, time needed, and likelihood of court approval.

With later requests for extensions of time, I will continue to give consideration to an opponent’s schedule. I will balance that consideration against the reasonableness of the length of extension requested, opposing counsel’s or pro se litigant’s willingness to consent to reciprocal extensions, the time actually needed for the task, and whether the Court would likely grant the extension if asked to do so.

WARNINGCivil cases

Lawyers should immediately notify opposing counsel or a pro se litigant and the Court if they need to seek a continuance or cancel a trial, hearing, or deposition to avoid unnecessary preparation and expense.

2.6 I will notify opposing counsel or pro se litigant and the Court immediately if I need to seek a continuance or cancellation of a trial, hearing, or deposition to avoid unnecessary preparation and expense to opposing counsel or pro se litigant, the Court, and other parties.

WARNINGCivil cases

If a requested court reporter cannot be secured despite a diligent, good-faith search, the hearing may be continued.

If a court reporter is requested, and the party seeking a court reporter fails to secure a court reporter after a diligent and good faith search, the hearing may be continued.

WARNINGCivil cases

The Court and opposing counsel or the pro se litigant should be promptly notified of a need for a continuance or cancellation of a trial, hearing, or other court proceeding.

I will promptly notify the Court and opposing counsel or pro se litigant of any need for a continuance or cancellation of a trial, hearing, or other court proceeding to avoid unnecessary preparation and expense to the Court and other parties.