IN · rules
Ind. Porter Cnty. Local Rule LR64-AR00-3500
Continuances and Settlements
3500.10 Continuances Disfavored. Motions for Continuance are discouraged.
Neither side is entitled to an automatic continuance as a matter of right.
3500.20 Motion for Continuance. Unless made during a hearing or trial, a Motion
for Continuance shall be made in writing, stating with particularity the grounds therefore and be
verified, and shall state whether opposing counsel objects to the motion, and whether prior
continuances have been requested by the moving party.
(1) The Court may require any written Motion for Continuance to be signed by the party
requesting the continuance in addition to the signature of the attorney so moving.
(2) The Court may require the stipulation to continue the hearing of any pending matter to
state with particularity the grounds for the continuance and be signed by all attorneys of
record.
(3) The Motion shall be captioned to indicate whether it represents a second or third motion
for continuance, i.e. Plaintiff’s Third Motion to Continue Jury Trial, etc.
3500.30 Motion to File a Belated or Amended Pleading. Unless made during a
hearing or trial, a Motion to File a Belated or Amended Pleading shall be written, verified, and shall
state with particularity the grounds for the motion and whether opposing counsel objects to the
motion.
3500.40 Time for Filing. Motions or Stipulations for Continuance must be filed as
soon after the cause for continuance or delay is discovered by the movant, and no later than
fourteen (14) days before the date assigned for trial or hearing, unless good cause therefore is shown
by affidavit to have occurred within the fourteen (14) day period.
3500.50 Court's Discretion. The Court in its discretion may grant or deny a
continuance.
3500.60 Rescheduling. Unless the Court directs otherwise, all matters continued
shall be rescheduled on the Court's calendar when all attorneys will be available. If all attorneys
of record are not present in the Court when a matter is continued, the attorney(s) who requested
such continuance shall, within ten (10) days following the granting of the continuance, reschedule
the matter continued after ascertaining the availability of all attorneys of record for the rescheduled
date and time.
3500.70 Costs of Delay or Continuance. Any cost or reasonable expense incurred
by the Court or non-moving party as a result of the continuance or delay may be assessed against
the moving party at the discretion of the Court.
3500.80 (JURY TRIALS) Costs For Late Settlement of Cause and/or
Failure to Notify Court of Settlement. Any cost or reasonable expense incurred by the Court
as a result of a late settlement of the cause and/or any cost or reasonable expense incurred by the
Court as a result of any failure to notify the Court of any settlement of the cause may be assessed
against either party or parties or all parties, as determined by the Court in its discretion.
(1) Reasonable costs shall include, but are not limited to: costs of juror notification;
and, juror per diem and mileage.
(2) All parties have the duty to notify the Court of any settlement of their cause.
(3) Late settlement of the cause means any settlement which is made within fourteen
(14) calendar days of the date set for trial.
(4) Late settlement of the cause shall also mean any settlement which is made from
the commencement of the trial to and including the return of a verdict by the jury.
(5) Failure to notify the Court of any settlement within five (5) calendar days of the
date set for trial shall constitute failure to notify the Court of settlement.
Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-68-porter-local-rules-2022-12-01
- Content hash
703e3ebb8094500c074a94aad2d1eadd13eebb6cb61910d9780827ad80ec5f26
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