Benton and Franklin Counties Superior Court Adjournment & Extension Requirements

CRITICAL

A motion to continue a summary judgment or partial summary judgment hearing, including one based on CR 56(f), must be scheduled for hearing at least one week before the scheduled summary judgment hearing.

Any motion to continue a Motion for Summary Judgment/Partial Summary Judgment for any reason, including reasons stated in CR 56(f), shall be scheduled to be heard at least one week before the scheduled date of the summary judgment hearing.

CRITICAL

If final orders are improperly uploaded to eMotion instead of submitted on paper, the Court must continue the hearing to allow time for proper submission.

If final orders are uploaded to eMotion instead of submitted properly in paper form, the hearing must be continued by the Court with time to submit final/default orders per the rules outlined herein.

CRITICAL

A hearing date more than 120 days after appointment or a continuance exceeding 60 days from the original date requires approval by the Presiding/Arbitration Judge.

B. Continuances. Any hearing date beyond 120 days from appointment, or any continuance exceeding 60 days from the original date, must be approved by the Presiding/Arbitration Judge.

CRITICAL

For good cause, the Court may modify or amend a Case Schedule or continue a trial on a party’s motion, all parties’ stipulation, or its own motion.

The Court may modify or amend a Case Schedule, or continue a trial, for good cause on motion of a party, by stipulation of all parties, or on the Court’s own motion.

CRITICAL

The arbitrator may request an award-filing extension by ex parte request to a Superior Court Judicial Officer and must notify all parties if the extension is granted.

B. Time for Filing. The arbitrator may request an extension to file the award by presenting an ex parte request to a Superior Court Judicial Officer and must notify all parties if granted.

CRITICAL

Hearings must be held 21 to 75 days after appointment, unless extended for good cause.

Hearings must be held no sooner than 21 and no later than 75 days after appointment unless extended for good cause.

CRITICAL

Changes of plea, motions to continue, and similar matters may not be placed on the Criminal Motion Docket without prior judicial-officer authorization, which must be noted on the docket Note.

Changes of plea, motions to continue, and similar matters are not permitted on the Criminal Motion Docket unless prior authorization is obtained from a judicial officer. Such authorization shall be noted on the Note for Criminal Motion Docket.

CRITICAL

A confirmed summary judgment hearing may not be continued without the presiding judicial officer’s permission, and the moving party must appear at the docket.

Once confirmed, no summary judgment hearing shall be continued without permission of the presiding judicial officer, and the moving party must appear at the docket.

CRITICAL

A settlement conference continuance may be authorized only by the Court upon a timely application.

Continuances of settlement conferences may be authorized only by the Court on timely application.

CRITICAL

Additional time may not be added to a Special Set request without court approval.

No other motion may be joined with a request for a special set request nor additional time added without approval from the Court.

CRITICAL

If no conflict judge is available, the matter shall be continued for one week for good cause.

If a conflict judge is not available, the matter shall be continued for one week for good cause.

CRITICAL

When the confirmation maximum has been reached, the moving party may continue the hearing to the next reasonably available setting, notify the other parties, and reconfirm; 28 days’ notice is not required, but the new hearing must be at least 14 days before trial.

A moving party contacting the clerk (Franklin County) or Judicial Assistant (Benton County) to confirm a summary judgment for a date for which the maximum number of summary judgments and over-ten- minute hearings have previously been confirmed may continue the hearing to the next reasonably available setting and provide notice of the continuance to the other parties in the action and shall re- confirm the continued setting in accordance with the above rules. Twenty-eight (28) days’ notice is not required for setting a new hearing hereunder. The new hearing date may be after the last date specified for filing dispositive motions in the Civil Case Schedule Order, but in no event less than fourteen (14) days before trial.

CRITICAL

Speedy-trial waivers, defense continuance requests, and agreed continuances must be memorialized in writing on the Court-provided form.

Waivers of speedy trial, defense continuance requests, and agreed continuances must be memorialized in writing using the form provided by the Court.

CRITICAL

An approved Special Set hearing may not be canceled or stricken without prior court approval; if approval is not obtained before the hearing date, the matter must be called on the record that day to request cancellation.

Special set hearings approved by Superior Court may not be canceled or stricken without prior court approval. If court approval has not been granted before the scheduled hearing date, the matter must be called on the record on the day set to request the cancelation

WARNING

The Administrative Presiding Judge or judicial officer handling the grievance may modify timelines for good cause.

Timelines may be modified for good cause by the Administrative Presiding Judge or judicial officer for the grievance.

WARNING

The 10-day opposing-document period may be extended by 10 more days, to 20 days total, by court order for good cause or by written stipulation of the parties.

The 10-day period may be extended an additional ten (10) days for a total of twenty (20) days either by the court for good cause or by the parties’ written stipulation.

WARNING

The Court may grant a non-moving party’s request for a continuance in its discretion upon a showing of cause.

Upon a showing of cause, the Court, in its discretion, may grant the non-moving party’s request for a continuance.

WARNING

Terms may be assessed if the moving party unreasonably refuses to continue the case or the opposing party is unreasonably unprepared for the hearing.

In the event the moving party unreasonably refuses to continue the case, or the opposing party unreasonably is not prepared for the hearing, terms may be assessed.

WARNING

The arbitrator may grant short continuances for good cause.

Short continuances may be granted by the arbitrator for good cause.

WARNING

If a matter is not ready when called, the Court may continue or strike it as appropriate.

If a matter is not ready to proceed when called, the Court may continue or strike it as appropriate.

WARNING

The moving party may strike or continue a motion at any time without cause if adequate notice is given to opposing parties; sanctions may be imposed if due diligence could have avoided the opposing party’s appearance.

The moving party may strike or continue a motion at any time without cause with adequate notice to the opposing parties. Sanctions may be imposed if the opposing party’s appearance at the hearing could have been avoided through due diligence of the moving party.

WARNING

The Court may waive seminar attendance or extend the required time for good cause.

The Court may waive a party’s attendance at such seminar or extend the time required for good cause.

WARNING

If a party requests a continuance, a guardian ad litem report received within five calendar days of the hearing may constitute good cause.

A report received within five (5) calendar days of a hearing may constitute good cause of a continuance if a party requests a continuance.