Indiana Motion for Continuance Overview: Understanding the Different Types and Their Importance In the legal system of Indiana, a Motion for Continuance serves as a vital legal tool utilized by parties involved in a case to request an adjournment or postponement of a court hearing, trial, or other legal proceedings. This motion allows parties to seek additional time and flexibility to prepare for their case, gather evidence, or address unforeseen circumstances that may impact their ability to effectively participate in the proceedings. In Indiana, there are primarily two types of Motion for Continuance: the Motion for Continuance by Agreement and the Motion for Continuance for Good Cause. 1. Motion for Continuance by Agreement: The Motion for Continuance by Agreement is the most common type of motion filed in Indiana courts. This type of motion is filed when both parties involved in a legal proceeding unanimously agree to a postponement or rescheduling of the hearing/trial date. The court usually grants this motion unless there are compelling reasons not to do so. The parties involved might need additional time due to scheduling conflicts, negotiation discussions, or other collaborative efforts necessary to reach a resolution. 2. Motion for Continuance for Good Cause: The Motion for Continuance for Good Cause is filed when a party seeks a postponement of the scheduled hearing/trial due to reasons beyond their control. This motion is generally utilized when unexpected circumstances arise, making it difficult for the party to fully prepare or participate in the proceedings. The court assesses the validity of the reasons provided and decides whether the motion should be granted. Examples of valid reasons include the unavailability of key witnesses, illness or injury to the party or attorney, sudden emergencies, conflicting court schedules, or the need to secure additional evidence. The process of filing a Motion for Continuance typically involves the following steps: 1. Drafting the Motion: To file a Motion for Continuance, the party, or their attorney, must prepare a written document that includes essential information. This includes the case name, number, and the type of motion being filed. The document should outline the reason(s) for the requested continuance, supported by relevant facts and any supporting evidence available. 2. Serving the Opposing Party: Once the motion is drafted, it must be served to the opposing party or their attorney. Proper service is crucial to ensure both parties are aware of the request and have an opportunity to respond or object to the motion within the specified time frame. 3. Court Ruling: The court reviews the Motion for Continuance, considering the merits of the request. If both parties agree (Motion for Continuance by Agreement), the court almost always grants the motion. However, in cases of Motion for Continuance for Good Cause, the court more carefully evaluates the reasons provided, weighing the impact on both parties and the overall progress of the case. The court may approve or deny the motion, or alternatively, set a hearing to further discuss the matter. In conclusion, the Indiana Motion for Continuance is a crucial legal tool that allows parties to seek additional time and flexibility when facing unforeseen circumstances or requiring more preparation. By understanding these two different types of motions, parties can appropriately file for a continuance and navigate the legal proceedings effectively. It is essential to consult with a legal professional and familiarize oneself with Indiana's specific rules and procedures regarding Motions for Continuance.
Motion For Continuance Indiana
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In the event a court fails for thirty (30) days to set a motion for hearing or fails to rule on a motion within thirty (30) days after it was heard or thirty (30) days after it was filed, if no hearing is required, upon application by an interested party, the submission of the cause may be withdrawn from the trial ...
Trial Rule 75(A) a case may be commenced in any court or county subject to transfer to a county of preferred venue or a change of venue from the county. all or some of the property is located or can be found if the case seeks only an in rem judgment against the property due to service by publication.
76. Rule 76 - Change of venue (A) In civil actions where the venue may be changed from the county, such change of venue from the county may be had only upon the filing of a verified motion specifically stating the grounds therefor by the party requesting the change.
If the prosecution announces that it will introduce new evidence or new witnesses who were previously unknown to the defense, this will be a strong basis for a continuance. The defense also may seek a continuance if it is unable to locate a witness who was expected to testify on the defendant's behalf.
Trial Rule 79.1 constitutes the exclusive manner for the selection of special judges in all actions in city, town, and the Marion county small claims courts. (B)Duty to notify court. It shall be the duty of the parties to advise the court promptly of an application or motion for change of judge.
A PC 1050 motion for a continuance in a criminal case is asking the judge to postpone the hearing. In other words, this statute lays out the procedures for filing a continuance. A 1050 motion to continue is a request in a criminal case to postpone a court date. The date could be for a pretrial matter or a trial.
It shall be the duty of each court reporter whenever required by the judge, to be promptly present in court, and take down in shorthand or by other means the oral evidence given in all causes, including both questions and answers, and to note all rulings of the judge in respect to the admission and rejection of ...
Trial Rule 77(A) - Required records. The clerk of the circuit court shall maintain any record required by an act of the general assembly or a duly promulgated rule of any state agency, including the following: Lis pendens record - Ind.