IN · rules
Ind. Porter Cnty. Local Rule LR64-SC00-1300
Continuances
1300.10 General Rule. With appropriate verified written motion and for good cause only,
any party may file a motion to continue the initial hearing, bench trial, motions hearing or
proceedings supplemental to judgment, stating cause for such continuance. Continuances are
highly disfavored and interfere with the general principle of quick and speedy justice in the Small
Claims Rules. A continuance under this subsection may not be granted within ten (10) days of a
hearing or bench trial unless agreed upon by the opposing party and approved by a Judge. All
motions for continuance must be made in writing by the party or by the party=s attorney who has
filed a written appearance on behalf of said party. The party or attorney obtaining the continuance
shall notify any opposing party in a timely fashion and the Court or Clerk shall distribute a copy of
the order continuing trial to the parties.
1300.20 No Delay Beyond Nine (9) Months. No case shall be continued for trial
beyond nine (9) months from the date the action is filed. Only extreme hardship or emergency
shall serve as an exception. Any continuance shall be granted only by the Court upon due
showing of extreme hardship or emergency by either party. Said hardship condition shall be
reported to the Court immediately upon learning of the hardship. In the event such extreme
hardship or emergency is shown, the Court will grant an additional continuance for a period not
longer than necessary.
1300.30 Possession of Real Estate. No continuance shall be granted to a Defendant
where the action involves the issue of possession of real estate, except for good cause shown and
upon approval by the Court.
1300.40 Sanctions for Failure to Notify. Where notice of continuance has not been
timely given, the Court may assess sanctions which may include, but are not limited to, reasonable
attorney's fees, lost wages and other costs for each party and necessary witness appearances due to
lack of notice. Motions for sanctions shall be heard as a part of the trial on the merits.
Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-68-porter-local-rules-2022-12-01
- Content hash
2a1d83c9d38079ae1e7f9ef3c25a890e6214adc14cf85c99fedbea7f02cee2a2
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