RULE 11 - CONTINUANCES OF HEARINGS

 RULE 11.1 - MOTIONS FOR CONTINUANCE

     When notice of trial, pre-trial, or any other proceedings require personal appearance of the parties and/or counsel is mailed from this court, a motion for continuance shall be signed by both the Attorney filing the continuance and the party he represents and filed with the Court within ten (10) days from the mailing date of such notice if continuance is desired; notice of such motion shall likewise be served on opposing parties or counsel. Such motions shall set forth good cause; consent of opposing parties or their counsel shall not, in and of itself, constitute good cause for granting the motion for continuance.

     No continuance shall be granted by anyone except the assigned Judge or Magistrate. If a matter is set for hearing, it will remain set at that time and on that date, unless the continuance is granted by the Court. This procedure applies equally to all cases set before the Court. It is the rule of this Court that continuances are granted only at the sole discretion of the Court and that no one is entitled to any continuance as a matter of right.

 RULE 11.2 FAILURE TO COMPLY WITH REQUIREMENTS

     Any motion for continuance submitted beyond the aforementioned ten (10) day period may be granted upon showing good cause constituting extreme hardship, unforeseen circumstances or other unavoidable conditions. When a party or their counsel fails to comply with this rule and opposing counsel is present, the court may, upon its own motion, dismiss the case, enter a default finding or proceed to hear evidence and render a final judgment.

 

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