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Ind. Porter Cnty. Local Rule LR64-AR00-3500

Continuances and Settlements

activein force · 2022-12-01 – presentcompiled-edition

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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