TITLE I: Pleadings and Motions; Filing; Entries
1.2 Continuances - Amended 05/01/2012
All continuances of scheduled matters shall be sought in strict compliance with this rule, and will be granted only for good cause shown. The court will make the final determination as to whether to grant or deny a request or motion for continuance.
The party requesting a continuance shall first seek the agreement of the other party. If both parties agree to the continuance, the requesting party or counsel shall submit either a Continuance Order to the assigned judge (Form DR 8.1A), or to the assigned magistrate (Form DR 8.1). In either case, the form shall be fully completed (including the specific reason for the requested continuance), AND signed by both parties or their counsel (personally, or by telephone authorization).
If the consent of the other party cannot be obtained, the requesting party shall then file a motion for continuance, which shall be scheduled for hearing on the appropriate docket, with proper service upon, and adequate notice provided, to all parties.
The assigned judge or magistrate may assess reasonable costs and/or attorney fees against a party as a result of that party’s improvidently requesting or resisting the continuance.
BACK TO INDEX