Clay County Justice of the Peace Court Adjournment & Extension Requirements

CRITICALCivil cases

A continuance motion that does not comply with the Order will not be considered.

No motion for continuance will be considered which does not comply with this Order.

CRITICAL

Attorneys or defendants may request a reset of an appearance no later than 24 hours before the setting, unless the circumstances justify the request for reset occur thereafter as determined by the presiding judge.

Attorneys or defendants may request a reset of an appearance no later than 24 hours before the setting, unless the circumstances justify the request for reset occur thereafter as determined by the presiding judge.

CRITICALCriminal cases

After the first two continuance requests, any additional request must be made by motion, accompanied by a NOTICE OF AGREED SETTING signed by the State's attorney and the defendant or defense attorney, the Court must be consulted before setting the reset, and the request must be received at least 10 business days before the current setting.

After the two (2) requests referenced in item #3, additional requests for continuances must be requested by motion and accompanied by a NOTICE OF AGREED SETTING which shall be signed by the attorney for the State and by the defendant (or attorney for the defendant if represented). The Court shall be consulted prior to entering a date and time for the reset. These requests must be received by the Court at least 10 business days prior to the date of the current setting.

CRITICALCriminal cases

A defendant may make up to two continuance motions combined for hearings and trials, and each continuance must be for good cause as determined by the Court.

Defendant will be allowed up to two (2) motions for continuance for hearings and/or trials, combined. Continuances must be for good cause as determined by the Court.

CRITICALCivil cases

Except in an emergency, a continuance motion must be written, explain why postponement is necessary, and be filed at least three business days before the current setting, excluding the setting day.

Except in the case of emergency, a motion for continuance in a civil case shall be in writing, state why the postponement is necessary, and shall be filed with the Court at least three (3) business days preceding the date of the current setting, exclusive of the current setting day.

CRITICAL

A continuance request must be submitted in writing at least three business days before trial or hearing, unless its grounds arose later, and applicable notice and pleading requirements must be followed.

Requests for continuance must be submitted to the court in writing at least three business days preceding the date of the trial or hearing, unless it may be shown that the grounds for the request arose thereafter. The notice and pleading requirement of law must be followed.

CRITICAL

Cases must be tried as scheduled unless a written State or Defense continuance motion is granted or the judge resets the case within the court’s discretion.

All cases shall be tried when set unless a written State or Defense motion for continuance is granted, or the judge resets for any reason within the court’s discretion.

CRITICAL

At a scheduled jury setting, the State and Defense must either announce ready or file a written motion for continuance.

State and Defense must either announce ready or file a written motion for continuance.

CRITICALCriminal cases

A continuance motion that does not comply with the Order will not be considered.

No motion for continuance will be considered which does not comply with this Order.

CRITICAL

Pretrial hearings remain set for their scheduled day unless the court grants a written State or Defense motion for continuance.

All pretrial hearings will be held on the day set unless a written State or Defense motion for continuance is granted.

CRITICALCriminal cases

For an opposed continuance motion, the moving party must state the expected hearing or trial length, confirm that it conferred with the opposing party about available dates, and suggest hearing dates and times.

If a motion for continuance is opposed, the party filing the motion shall state: a. The expected length of time necessary for a hearing or trial. b. That the party has conferred with the opposing party concerning available dates. c. Suggested hearing dates and times.

CRITICAL

An attorney requesting a reset under the conflicting-engagement rule must ensure the presiding judge granted the motion.

An attorney who requests a reset under this rule is responsible for ensuring the motion was granted by the presiding judge.

WARNING

The Court verifies a reported trial assignment and resets the case if confirmed; if the attorney is not actually in trial as represented, the case may be tried without further notice.

When informed that an attorney is in trial, the Court will verify the assignment. The case will be reset upon confirmation. If the attorney is not actually in trial as represented by the attorney or agent, the case may be tried without further notice.

INFOCivil cases

The Order does not limit the Court’s discretion to require a hearing or trial on an uncontested or agreed matter presented for approval.

This Order shall not be interpreted to restrict the discretion of the Court in any respect regarding whether to require a hearing or trial on any uncontested or agreed matter presented to the Court for approval.

INFO

The court may grant or deny a continuance motion with or without holding a hearing.

Motions for continuance may be granted or denied with or without a hearing by the court.

INFO

A continuance should be filed at least the week before trial.

A continuance should be filed at least the week prior to trial.