Rutherford County Circuit Court, Tennessee Adjournment & Extension Requirements

CRITICAL

A continuance requires leave of Court and good cause; the order must state its reason, requester, and reassignment date, agreed continuances require an order signed by counsel for all parties specifying a new hearing date, and the requesting party must notify other parties and subpoenaed witnesses of the continuance and reset date; cases cannot be continued indefinitely.

Cases may be continued only by leave of the Court. Cases will not be continued except for good cause shown. All cases continued by leave of the Court will be by written order stating the reason for the continuance, at whose request, and the date of the reassignment. Agreed continuances shall be by order signed by counsel for all parties and shall specify a new hearing date. It is the responsibility of the party requesting the continuance to notify all other parties and witnesses under subpoena of the continuance and the reset date. No case shall be "continued indefinitely".

CRITICAL

After the last continuance is granted, the case must settle or be set for trial.

LAST CONTINUANCE GRANTED MUST SETTLE OR SET FOR TRIAL

CRITICAL

For a late arrival or attendance in another court, counsel must notify the Judge's office and opposing counsel, or request a continuance and notify opposing counsel before the hearing time.

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 prior to the designated time of hearing.

CRITICAL

An agreed reset more than 60 days out requires court approval, except when bankruptcy is pending, the first setting is already more than 60 days after service, or a payment arrangement is pending.

Any agreement exceeding sixty (60) days shall require the approval of the Court unless it meets one of the following exceptions: pending bankruptcy, first setting is already set out past 60 days from date of service or pending payment arrangement.

CRITICAL

Cases must be tried on their scheduled docket date unless, for good cause, they are continued to a definite date on the regular Tuesday, Wednesday, or Friday civil docket.

Cases shall be tried on the date they are set on the court's docket unless, for good cause shown, they are continued to a date certain on the court's regular civil docket on Tuesday, Wednesday or Friday.

CRITICAL

For an agreement to continue a first setting, counsel must give notice by 2:00 p.m. the day before the court date or docket call.

Counsel shall notify the Clerk of Court, the Judge's office and all interested parties by 2:00 p.m. the day prior to the court date/docket call of any event which requires that the matter be removed from the docket (i.e. settlement, nonsuit, agreement to continue a first setting, etc.).

CRITICAL

A continuance of the hearing may be requested at least 48 hours in advance and requires good cause.

(c) That in the event of the failure of counsel (or party pro se) to appear, pursuant to this Order, an ex parte hearing shall be held and an appropriate judgment rendered or dismissal ordered, unless continued, pursuant to request made at least 48 hours in advance, for good cause shown;

CRITICAL

A continuance requested by counsel must be sought by motion, and the defendant must appear unless the Court excuses the appearance.

Continuances requested by Counsel must be made by motion and Defendant's appearance is required unless excused by the Court.

CRITICAL

A jury trial may be continued only by Court leave after a hearing on a Motion to Continue, and not by Agreed Order.

Jury Trials shall only be continued by leave of the Court after a hearing on a Motion to Continue. Jury Trials shall not be continued by an Agreed Order.

CRITICAL

A continuance order is entered by agreement of the parties, evidenced by their signatures, and for good cause shown.

By agreement of the parties, as evidenced by their signatures below, and for good cause shown, it is hereby ORDERED that:

CRITICAL

A docketed motion may be continued by agreement without Court consent; neither side may continue it unilaterally, and without agreement the parties may seek leave of Court.

(B) After a motion has been docketed, it may be continued or postponed upon the agreement of all counsel or parties without consent of the Court. Neither party may unilaterally continue a motion hearing; however, where there is no agreement, the parties may seek leave of Court.

CRITICAL

When bankruptcy is involved, counsel or the Court must reset the matter to a definite date on the regular Tuesday, Wednesday, or Friday docket.

In the event bankruptcy is involved, counsel and/or the Court shall reset the matter to a definite date on the regular Tuesday, Wednesday, or Friday docket.

CRITICAL

After a civil case has been set and continued three times, it must be tried unless good cause is shown to the contrary.

After a civil case has been set on the court's docket three times and has been continued, whether by agreement or for good cause, the case shall be tried, except for good cause shown to the contrary.

WARNING

A case may be continued for good cause by the Court or, with the Court's leave, based on the parties' agreement.

For good cause shown, cases may be continued by the Court, or by leave of the Court based upon the agreement of the parties.

WARNING

The parties may agree to reset a case on the regular docket to another Tuesday, Wednesday, or Friday, provided the agreed date is no more than 60 days later.

A case on the court's regular docket on Tuesday, Wednesday or Friday may be reset to another Tuesday, Wednesday or Friday by agreement of the parties, provided, however, that such agreed upon date does not exceed sixty (60) days.

INFO

The Court may continue a matter to arrange for an interpreter to appear and assist.

The Court may determine that a continuance is needed in order to make arrangements for an interpreter to appear and assist the court.